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(영문) 대전지방법원 홍성지원 2018.07.10 2018고단299
도로교통법위반(무면허운전)등
Text

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.

Reasons

Punishment of the crime

1. On February 6, 2018, the Defendant, at around 21:45, driven a motor vehicle from the street on the front side of the new cooperation, which was located in the Jinsan-gun, Chungcheongnam-gun, Chungcheongnam-gun, with no driver’s license, to the front side of the same 2km km in a section of approximately 2km from the street in front of the back of the new cooperation branch, the Hain-Eup, the Hanan-gu, the Hanan-gun

2. Violation of the Road Traffic Act (Refusal of drinking measurement) Defendant 1 driven a motor vehicle under the influence of alcohol, such as a motor vehicle under the influence of alcohol, while driving a motor vehicle at the intersection in front of the D gas station in front of the D gas station located in Chungcheongnam-gun, Chungcheongnam-gun, at the above day, while driving the motor vehicle under the influence of alcohol, and receiving a report thereon, Defendant 2 driven the motor vehicle under the influence of alcohol, such as a slope F belonging to E zone belonging to the budget police station, a police officer, and a policeman called for after receiving the report.

In order to clarify whether a person is under the influence of alcohol due to a reasonable ground to determine whether a person is under the influence of alcohol, even if the person was requested to comply with a measurement of alcohol, he/she did not comply with a request for a measurement of alcohol without justifiable grounds while he/she did not comply with a request for a measurement of alcohol for about 10 minutes, such as first (21:5 Gyeong), second (2:00 Gyeong), third (22:05) and second (22:05).

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of enforcement manual statutes;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment, respectively;

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 suspended execution;

1. The following conditions for sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, environment, the circumstances before and after the instant crime, and the circumstances leading to the instant crime.

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