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A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.
If the defendant fails to pay the above fine, 50.
Reasons
Punishment of the crime
The defendant is a driver of SL125 Obane.
1. On March 8, 2013, at around 23:35, the Defendant: (a) requested the Defendant, who had reasonable grounds to recognize that the Defendant driven the above lebane while under the influence of alcohol, such as smell H, a slope H, belonging to the G District in the Taeduk Police Station G District in the Taeduk-gu, Daejeon, to take a alcohol test on several occasions; (b) failed to comply with the request without justifiable grounds, even though he/she did not comply with the request without justifiable grounds.
2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a motorcycle driver's license for the temporary warning as stated in paragraph (1) of this Article, driving approximately 1.5 km from the front of the J's operation of the Daejeon Seo-gu Seoul Metropolitan Government I to the front of the F cafeteria in D.
Summary of Evidence
1. Defendant's legal statement;
1. Written self-statements of E and J;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to photographs refusing to measure drinking;
1. Relevant provisions of Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning the facts constituting a crime (a point of refusing to measure the noise level) under subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;
1. A crime of violation of the Road Traffic Act due to the refusal to measure the alcohol without any choice of punishment: A fine for violation of the Road Traffic Act due to the unauthorized driving of imprisonment: Selection;
1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (with respect to a violation of the Road Traffic Act due to refusal of measurement of alcohol in the market);
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Suspension of execution under Article 62 (1) of the Criminal Act (with respect to a violation of the Road Traffic Act due to the refusal of measurement of drinking in the market);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is to be punished by a fine due to driving without a license.