도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around 23:50 on February 13, 2015, the Defendant driving a Kankn-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick
2. On February 14, 2015, the Defendant refused to take a drinking test without justifiable grounds even though the Defendant was required to take a drinking test three times from a slope F, a police officer belonging to the said district group, on the grounds that there exist reasonable grounds to recognize that the Defendant driven the said fluence vehicle under the influence of alcohol at the E-district office located in the Gandong-gun, Gandong-gun from around 00:56 to 01:26 of the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to a report on the results of the crackdown on drinking driving, and the statement on the state of drinking drivers;
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 (a point of refusal of measurement of noise), 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 62-2(1) of the Social Service Order Act, Article 59 of the Act on Probation, etc. is that the defendant has been punished twice due to drunk driving, and has been punished once due to non-licensed driving, and the liability for the crime in this case again is not easy. However, the defendant's late and reflects misjudgment, the defendant has no criminal record of suspended execution or more, and the motive, background, means and method of the crime in this case, the circumstances before and after the crime in this case, and other circumstances.