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(영문) 광주지방법원 2015.04.08 2015고단389
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal power] On November 19, 2010, the Defendant was sentenced to a fine of KRW 3.5 million for a violation of the Road Traffic Act (driving without a license), etc. at the Suwon District Court’s horizontal Housing Site on November 19, 2010; the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving without a license) at the Suwon District Court on June 27, 2012; the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving without a license) at the Suwon District Court on October 18, 2012; on March 18, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving without a license) at the Suwon District Court on November 19, 2013.

【Criminal Facts】

1. On November 23, 2014, the Defendant found that there is a reasonable ground to recognize that the Defendant driven a drunk state, such as drinking on the side, drinking, drinking, walking, walking, and walking on the side of the said vehicle while driving a car in front of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju at around 22:51, the Defendant: (a) found that there is a considerable reason to recognize that he driven the said vehicle while driving the vehicle while driving the vehicle in front of the Seo-gu, Seo-gu, Seo-gu, Gwangju; and (b) determined that there is a considerable reason to recognize that he driven the vehicle in the drunken state, such as drinking, drinking, walking, and walking on the side at the Defendant’s entrance; and (c) failed to comply with the drinking measurement for about four minutes, without justifiable grounds.

2. On November 23, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act, as the owner of a vehicle in C Coin Island, the Defendant driving a car in the said C Coin Island without obtaining a driver’s license on November 23, 2014, from the front of the reservoir in the two villages of Gwangju Seo-gu to the end of the end of the jum-dong in Gwangju, Seo-gu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, report on the situation of operating without a license, and investigation report;

1. On-site map;

1. Each statement of E and F;

1. Registers of driver's licenses;

1. The capability to buy mandatory insurance for motor vehicles in the investigation report;

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