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(영문) 수원지방법원 2014.11.27 2014고단5440
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 00:30 on September 9, 2014, the Defendant driven a C-car without obtaining a driver’s license at approximately 20 meters section from the 335-meter section to the “B” road located in the same e-galle distance from the 335-meter medium unit to the e-road.

2. On September 9, 2014, at around 00:45, the Defendant violated the Road Traffic Act (refluence of the measurement) and was demanded to respond to the measurement of drinking in such a way as to put the b0 minutes of the alcohol measuring instrument into the drinking measuring instrument, by inserting the vehicle in front of the signal signal while driving the CA car at the direction of the “B” in front of the new distance, which was driven by a vehicle in the front of the signal signal while driving the C car, and receiving the report, from E in charge of the police box of the Gangseo-dong Police Station Police Station, the Defendant was in receipt of the report.

Nevertheless, the defendant avoided drinking so that he did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Application of statutes, such as the ledger of driver's licenses;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2, 44 (2), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the choice of imprisonment, 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The main sentence of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

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