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(영문) 대전지방법원 홍성지원 2017.09.06 2017고단476

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 26, 2017, the Defendant was sentenced to imprisonment for one year with labor for a violation of the Road Traffic Act (drinking driving) at the District Court of the Jung-gu District on April 26, 201, and the judgment became final and conclusive on May 5, 2017.

[Criminal facts]

1. On March 19, 2017, the Defendant driving a B rocketing car without obtaining a driver’s license from the apartment parking lot of bank village located within 156 km-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul Metropolitan City, in the same day from around 13:57 on the same day to around 213:57 on the same day.

2. On March 19, 2017, the Defendant received a report that “on the road in front of the Chungcheongnam-gun, Chungcheongnam-gun, Seoul Special Metropolitan City, the Defendant: (a) opened a door at a long distance; and (b) in fact, the Defendant was placed at the said place with the said stringr set up on the street; and (c) the Defendant was found to have been seated in the driver’s seat of the said stringr car; (d) the Defendant was found to have locked down on the stringr’s seat; (e) the Defendant driven while under the influence of alcohol, such as a light, a light, a light, a string, a string, and a smell.

There is a reasonable reason to determine a person, and it was demanded to comply with the breath test by a police officer F, or G, etc. belonging to the E District of the Budget Police Station to respond to the breath test.

Nevertheless, the Defendant refused to measure the three-lane drinking in around 14:53 on the same day, 15:03 on the same day, 2nd and 15:13 on the same day.

Ultimately, the Defendant is in a drunken state.

A person who has reasonable grounds to be appointed as a person has not complied with a police officer's measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report- a survey report on actual conditions, field photographs, inquiry into the results of crackdown on drinking driving, a circumstantial statement report on the driver at driving, internal investigation report, a driver's license register, and an investigation report (Evidence Nos. 13);

1. Inquiry into criminal history;