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(영문) 대구지방법원 상주지원 2013.06.18 2013고단209

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by imprisonment for six months and by a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On November 26, 2012, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven a motor bicycle at approximately 2 km section, without obtaining a motorcycle license, from around 49c obs without a license for a motor bicycle license in the direction of the G community hall located in F via E located in D at the time of stay at around 16:45, Nov. 26, 2012.

2. On November 26, 2012, the Defendant violated the Road Traffic Act (refluence of the measurement of alcoholic beverages) at a permanent police station located at H around 16:51 on November 26, 2012, the Defendant did not comply with the request for the measurement of alcohol even though there are reasonable grounds to recognize that the Defendant driven the above stove while under the influence of alcohol, such as smelling and smelling from the police department affiliated with the said I police station, and stoveing on the face, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a host driver and a circumstantial statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and notice of revocation thereof;

1. Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the same Act, Article 148-2 (1) 2 of the Road Traffic Act, and Article 44 (2) of the same Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that this case was controlled while driving an otoba, and the defendant has no penalty power except for two cases due to unauthorized driving, etc. during the last 25 years, the lower limit of the statutory penalty shall be mitigated, and the punishment against the defendant shall be determined as 6 months of imprisonment and 300,000 won, and the punishment against the defendant shall be determined as 30,000 won. The defendant is driving under the influence of alcohol on August 3, 2012, and the defendant refused to take a drinking test on August 12, 2012, and then a formal trial shall be conducted after being notified of a fine of 7 million won by this court.