beta
(영문) 수원지방법원 안양지원 2015.06.12 2015고단420

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around March 28, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) and the Defendant driven Bsch Rexton car in the vicinity of the Master School, which is located as a citizen in the Manan-gu, Manan-gu, Mayang-si, Gyeonggi-do, even though his/her driver’s license was revoked on June 2, 2014.

2. On March 28, 2015, from around 02:06 to around 02:36 of the same day, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking), on the grounds that there exist reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, fluoring red on the face, etc., from the front side of the Gyeonggi-si Police Station located in Ansan-si, he/she failed to comply with a request from the police officer C belonging to the above police station to take a breath of the alcohol measuring instrument by inserting the breath of the breath in the influence of alcohol,

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes on photographs to the rejected of measurement;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc., and Article 59 of the Act on the Punishment of Probation, etc., where a person has been sentenced to a fine on two occasions only once in 2014 and again makes a non-licensed driving and drunk driving and refuses to take a drinking test, he/she shall be sentenced to one year, but he/she shall be sentenced not to repeat a crime in reflect on the fact that he/she has no record of punishment of imprisonment without prison labor or heavier, and a sentence shall be suspended and made as a disposition to prevent recidivism.