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(영문) 대전지방법원 2019.07.16 2019고단1108
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

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. On February 22, 2019, the Defendant violated the Road Traffic Act (refluence of the measurement) at the roads front of Seo-gu, Seo-gu, Daejeon and the D District Office located in Seo-gu, Daejeon, Seo-gu, Daejeon, the Defendant was required to comply with a drinking test by inserting alcohol four minutes of the alcohol measuring instrument into a drinking measuring instrument for about 23 minutes on the ground that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as smelling alcohol to the Defendant from the border F of the D District, who was dispatched to the site after receiving a report, while driving the EKan-P vehicle under the influence of alcohol and standing it at the driver’s seat.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

2. On October 22, 2019, at around 09:15, the Defendant driven an E Car without obtaining a driver’s license from the front line of Hju located in Daejeon Jung-gu, Daejeon to the front line of the Daejeon Seo-gu, Daejeon, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements of a drinking driver and the control of drinking driving;

1. Article 148-2 (1) 2 and Article 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 of the Road Traffic Act; Article 43 of the Road Traffic Act; the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. Probation/Social Service Order Article 62-2 of the Criminal Act requires a defendant's wrong and reflects the reason for sentencing; the defendant has been punished three times due to drunk driving, but there is no criminal record; and the defendant is identified and born for 17 months after his/her birth.

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