도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of thirty million won.
When the defendant does not pay the above fine.
Punishment of the crime
1. On December 30, 2016, the Defendant driving a motor vehicle in the section of approximately 400 meters from the front of the “D” road in Yong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, to the front of the “D” road in the same area, via a road near the “lost real estate” located in the same area, without obtaining a bicycle license.
2. The Defendant violated the Road Traffic Act (refluence of alcohol measurement) was driving a otobane with no registration number as above, while under the influence of alcohol after drinking 2 clocks in D above at the time of the day set forth in paragraph (1) of this Article, and caused an accident beyond the obane due to the negligence of wrong operation under the influence of alcohol in the 1st century.
After that, the Defendant was driven under the influence of alcohol by a police officer F, etc. belonging to the police box E (a police box) of the Yeongdeungpo Police Station, who was dispatched after receiving the above accident report, and the Defendant was under the influence of alcohol, such as the confirmation of a prompt color, etc. that the Defendant caused the above accident, smells, and breaths;
There are reasonable grounds to determine a person, even though he/she was requested to take a drinking-free measurement method by inserting approximately 30 minutes of the drinking measuring instrument three times, he/she did not comply with it without justifiable grounds.
Summary of Evidence
The Defendant’s legal notice of the result of regulating the driving of drinking alcohol under the influence of alcohol, a written report on the state of the driver’s statement, the processing report of the 112 Report, the driver’s license register, the inquiry report on the results of regulating the driving of drinking alcohol (on-site conditions, etc.) and attached materials, Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (the appointment of fines) regarding the criminal facts subject to the application of statutes, Articles 14 Subparag. 2 and 154 Subparag. 2 of the Road Traffic Act, Articles 148-2(1)2 and 44(2) of the Road Traffic Act (the rejection of drinking alcohol measurement, the selection of imprisonment), the former part of Article 37 of the Criminal Act, Article 38(1)3 of the Act on Punishment of Concurrent Crimes (the selection of imprisonment), Article 53 and Article 55(1)3 of the Criminal Act on the reduction of the amount of imprisonment.