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(영문) 춘천지방법원 강릉지원 2018.06.05 2018고단327
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.

However, the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 2, 2018, the Defendant violated the Road Traffic Act (e.g., refusal to measure drinking), while driving a bicycle with BCA110B engine at around about 500 meters from the front of the elementary school running in Gangnam-gu, Gangnam-si, Gangwon-do to the front of the 664 deaf-dong, Gangwon-si, Gangwon-do, and then was faced with the head.

In addition, there is a person who is in excess of the Oralba.

“A police officer C who was dispatched to the site upon receipt of a report on 119 mutual assistance, was driven under the influence of alcohol by the Defendant due to a serious smell in the Defendant’s entrance and face and red light around the snow, and unstable pedestrian conditions.

Although there is a reasonable reason to determine a person, the defendant demanded a field measurement of drinking, the defendant will go to the house in distress.

The test that refuses to take a drinking test is called "Dra to know whether he/she drink or not," and did not comply with it without justifiable grounds.

2. On April 2, 2018, the Defendant violated the Road Traffic Act (unlicensed Driving) operated BCA110B motor bicycles from around about 500 meters to around 664 e.g., Gangnam-si, Gangwon-si, Gangwon-do, Gangwon-do, and the front of the 664 deaf-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The driver's license ledger;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (on-site driving of an accident, refusal to measure drinking, etc.), reporting on the results of crackdown on drinking driving, and application of a report on the circumstances of

1. Relevant Article of the Act and Articles 148-2 (1) 2, 44 (2) (the occupation of refusing to measure drinking, the choice of imprisonment), 154 subparagraph 2, and 43 (the occupation of driving without a license and the selection of fines) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order and the like;

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