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(영문) 수원지방법원 2017.09.19 2017고단4271

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 23:40 on May 23, 2017, the Defendant: (a) driven a B rocketing vehicle while under the influence of alcohol without a driver’s license; and (b) driven a C vehicle parked on the street of the said place after shocking the C vehicle in front of the future direction; and (c) driven the Defendant under the influence of alcohol, such as a bream and a string distance, etc., by drinking from D, the police box sent out after receiving a report while locked on the street; and (d) driven the vehicle under the influence of alcohol.

Although there is a reasonable reason to determine a person, it is requested to respond to a drinking test by inserting the whole in a drinking measuring instrument three times for about 30 minutes, but it was rejected and avoided.

Accordingly, the defendant driving a rocketing or other vehicles without a driver's license, and did not comply with a police officer's request for alcohol measurement without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a driver at the main place and a circumstantial report;

1. A license, a tea ledger;

1. Reporting of traffic accidents, notification of 112 Reports, and application of relevant photographic Acts and subordinate statutes;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (the act of refusing to measure drinking);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated to the extent that the punishment is aggregated with the long-term punishment of two crimes above the punishment specified for a crime of violating the Road Traffic Act with heavier punishment);

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The following circumstances and the defendant's age, family relation, sex, environment, motive and circumstance of the crime, the means and method of the crime are as follows: the reasons for sentencing under Article 62-2 of the Criminal Act;