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(영문) 대전지방법원 논산지원 2013.03.13 2012고합98
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

1. From September 29, 2012, the Defendant for a violation of the Road Traffic Act (unlicensed driving) is required to do so on or around 04:30 on September 29, 2012.

From the front of the main point to the same side side of the side of the road, the CNAS car was operated without a driver's license in approximately 4 km section from the front side of the main point to the front side of the wall cene.

2. Violation of the Road Traffic Act (Refusal of measurement) was demanded by the Defendant to respond to the measurement of alcohol in such a way as to put about 30 minutes into a drinking measuring instrument three-minutes on the face of the Defendant, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling in the Defendant’s entrance from a slope E belonging to the Donsan Police Station, at the time and place of the preceding port, and by inserting the breath of a drinking

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning F;

1. Each statement of G and H;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. A report on investigation;

1. On-site photographs;

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

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da14489, Apr. 2, 201)

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

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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