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(영문) 광주지방법원 순천지원 2019.05.16 2018고단141

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 15, 2017, the Defendant, without purchasing mandatory insurance on December 20:42, 2017, driven B-on the street in front of the ultra-Namnam road located in the direction of the ultra-Namnam-do without obtaining a driver’s license. At that time, the Defendant, upon receiving a report from the operator C of the Mineyang Police Station C to the effect that the freight suspected of driving under the influence of alcohol is being driven by the b-on b-on b-on b-on b-on b-on b-on f-on 4, the Defendant was found to have driven the b-on b-on b-on b-on b-on b-on b-on b-on b

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the choice of imprisonment with prison labor, respectively;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the nature of each of the crimes in this case; (b) the criminal records of the defendant; (c) the criminal records of the defendant; (d) the driving without obtaining a driver’s license even though the defendant was punished for driving without a driver’s license for a long time without obtaining a driver’s license; (c) the details of the refusal to take a drinking level; (d) the details of the act of refusing to take a drinking level; (d) the circumstances after the crime; and (e) whether

It is so decided as per Disposition for the above reasons.