Text
A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.
If the defendant does not pay the above fine, 100.
Reasons
Punishment of the crime
1. Around 13:40 on August 16, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) driven a Cmotor bicycle owned by the Defendant, without a driver’s license, at approximately 8 km section from the Gyeyang-gu Incheon Metropolitan City, Gyeyang-gu, Incheon, Bupyeong-gu, Incheon to the front road of Dong-dong.
2. Around 13:40 on August 16, 2015, the Defendant violated the Road Traffic Act (refluence of the measurement of the drinking level) reported 112 on the 13rd and the fluence of the drinking level to the road front of the Bupyeong-gu Incheon Bupyeong-dong, while under the influence of alcohol, and there was considerable reason to recognize that the Defendant was driving a motor bicycle under the influence of alcohol, such as recognizing that he was driving a motor vehicle under the influence of alcohol by drinking the alcohol on the fluence of the fluence, and accordingly, he was demanded to comply with the alcohol measurement by inserting the fluence of the fluence at the Criminal Team of the Incheon Samsan Police Station around 15:00 on August 16, 2015, by inserting the fluence of the fluence at least three times in a fluence of the drinking level on three or more occasions.
Nevertheless, under the influence of alcohol, the Defendant did not comply with a police officer’s demand for a sobrea test without justifiable grounds, such as avoiding sobling “I cannot see any point. Mahn Mahn Lhn Lhn Lhn Lhn Lhn Lhn Lhnhn”
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the control of drinking driving;
1. Application of Acts and subordinate statutes on the register of driver's licenses;
1. Relevant provisions of subparagraph 2 of Article 154 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure the volume of noise and the choice of imprisonment);
1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered to reflect on criminal conduct);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Discretionary mitigation under Article 62(1) of the Criminal Act;