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(영문) 인천지방법원 부천지원 2013.08.29 2013고단2352
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. Around 05:00 on May 14, 2013, the Defendant driven a motor vehicle in the SP-type B without obtaining a driver’s license on a section of about 200 meters from the front of the “scambling vehicle” in the Kimpo-si, Kimpo-si to the front of the “scambrid” in the same Dong.

2. The Defendant: (a) committed a violation of the Road Traffic Act (refluence of the measurement) at a temporary police station at the same time and at the same time, accompanied by a police box D, which was called out after receiving a report of his employees to avoid disturbance, such as cutting away with his employees, and accompanied by a police box called up.

The Defendant listened to the horses of “the Defendant was under influence of alcohol” from a cryd employee, and there are reasonable grounds to recognize the Defendant’s pedestrian duty as having driven while under the influence of alcohol, such as influoring nature, face and snow shocking, smelling, and smelling in the entrance, etc., and demanded the Defendant to comply with the alcohol testing by inserting the whole in a drinking measuring instrument three times from May 14, 2013 to April 05:47. However, the Defendant failed to comply with the above demand for the alcohol testing without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of E-Written statements, reports on detection of drinking drivers, circumstantial reports on drinking drivers, records of use of drinking meters, photographs, registers of driver's licenses for automobiles, and Acts and subordinate statutes on CCTV pages;

1. Relevant provisions of subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 2 of the Road Traffic Act, and Article 44 (2) of the Road Traffic Act (a point of refusal of measurement of drinking), and imprisonment with prison labor for each crime;

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 reasons for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service order are as follows: (a) from the Incheon District Court’s Branch Branch on August 25, 201, a fine of 1.5 million won is imposed for a violation of the Road Traffic Act.

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