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(영문) 청주지방법원 충주지원 2013.10.25 2013고단530
도로교통법위반(무면허운전)등
Text

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

The Defendant is a driver of the B EXE car owned by the Defendant.

1. On August 20, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) around 22:23, 2013, driving the said vehicle at a section of approximately 300 meters from the 00-meter radius from the 00-meter radius from the 300-meter radius from the 00-meter radius from the 300-meter radius from the 300-meter radius from the 00-meter radius from the 00-round

2. On August 20, 2013, the Defendant: (a) discovered that police officers are under drinking control on the front bank while driving the said vehicle while driving the vehicle on a road in front of a large-type and front of the road located in the front bank of the voice-gun, Chungcheongnam-do; (b) around 22:23, 2013; and (c) set the vehicle on the side.

After that, since there are reasonable grounds to recognize that a slope C, a slope belonging to the voice police station, who observed this, was driving by the defendant, was under the influence of drinking, was under the influence of drinking, was under the influence of drinking, was under the influence of drinking, and was under the influence of drinking in the Defendant’s entrance, and was under the influence of drinking, it was demanded by a slope C to measure the drinking of drinking to the Defendant, and the police officer on the charge of regulating “I am under the influence of drinking at the 119 fire station around July of the year, which was put into the bar, and am under the influence of drinking,” which was called “I am under the influence of drinking, am under the influence of the police officer at the bar, and was not under the influence of the police officer three times from around 22:36 of August 2013 to 22:59 of the same day without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A statement of the status of a model driver;

1. On-site photographs;

1. Application of the statutes on the register of driver's licenses;

1. Article applicable to the facts of crime, Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise level), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the occupation of driving without a license); Selection of imprisonment;

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) of the Criminal Act for discretionary mitigation;

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