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(영문) 청주지방법원 2013.03.28 2013고정172

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around January 16, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) and driven a motor vehicle C, without a driver’s license, at approximately seven kilometers from the front day of the office of the Defendant located in the B of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the long-distance road in the front day of the office of the Defendant, located in the Seoul-do, Chungcheongnam-gun, Chungcheongnam-do.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded by the Defendant to comply with a drinking test by inserting the drinking meters into a drinking measuring instrument three times on January 16, 2013 at D District D Zone E located in the Chungcheong Donsan Police Station D District where the Defendant was driving a motor vehicle, and there are reasonable grounds to recognize that the Defendant was driving a motor vehicle while under the influence of alcohol, such as drinking and smelling the Defendant, on the face of the D Zone E belonging to the Chungcheong Donsan Police Station, while driving the motor vehicle as above 1.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. A report on detection of a host driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1, 43, 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of two crimes is aggregated);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;