Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. On September 17, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving at around 21:50, a around approximately 20 meters section from the front of the Busan Jin-dong Public Security Center to the Busan Jin-gu B, the Defendant driven CCA 110, 125CC, without a motor device driver’s license.

2. On September 17, 2017, the Defendant was under the influence of alcohol, such as where the Defendant was driving a motor vehicle boom on the front of the reporter vehicle B in Busan Jin-gu, Busan on September 17, 2017.

On September 17, 2017, around 23:37 on September 17, 2017, around 23:50 on the second same day, around 3:50 on September 18, 2017, and around 00:00 on September 18, 2017, a police officer was required to comply with a drinking test by inserting the breath in a total of three occasions on September 18, 2017, but did not comply with a police officer’s request for the measurement of drinking without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The ledger using the measuring instruments for drinking;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant Article 154 subparagraph 2 of the Road Traffic Act, Article 154 and Article 43 (Unlicensed Driving) of the Road Traffic Act, Article 148-2 and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the criminal procedure of the provisional payment order had the history of criminal punishment due to driving of alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as set forth in the order shall be determined by comprehensively taking account of the following factors: (a) although it is difficult to say that the person was under criminal punishment due to driving of alcohol without a driver’s license and refuses to measure drinking; (b) the fact that the person recognized the error and is against the law; (c) there is no record of criminal punishment exceeding the fine; (d) the Defendant’s age, sex behavior, environment, circumstances leading to the crime