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(영문) 창원지방법원 2016.04.21 2015고단3355

도로교통법위반(무면허운전)등

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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

Criminal facts

1. On November 13, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving the B-learning car without a vehicle driver’s license from the front of a restaurant in which the trade name in the window flick-dong at the Changwon-si cannot be known, to the front of the name pole in the same Dong from around 50 meters to the front of the name plaza in the same Dong.

2. The defendant, who violated the Traffic Act on the road, driven a motor vehicle under the influence of alcohol, such as drinking, smelling, drinking, and drinking a light on the road at the above time and on the road;

Even though there is a reasonable reason to determine a person, the police officer of the Seocho-gu Police Station at the Changwon for about 30 minutes, and the police officer C at the police station at his/her office to respond to the measurement of drinking, he/she did not comply with it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiry into the partnership of the main office;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201

1. An order to attend a course under Article 62-2 of the Criminal Act;