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(영문) 대구지방법원 2015.06.18 2014고단2055
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[2014 Highest 2055]

1. Around 15:20 on February 27, 2014, the Defendant driven a motor bicycle of 100cc in the B B large-type B-type B-type 100cc motor vehicles without obtaining a driver’s license on the road section No. 138, 15:50 on the same day from the lurology of Cheongdo-gun, Cheongdo-gun to the 15:50 on the same day.

2. On February 27, 2014, the Defendant violated the Road Traffic Act (non-compliance with the measurement of drinking alcohol) brought an accident into the D Hospital located in Cheongdo-gun C, Cheongdo-gun and brought an accident of being driven under the influence of drinking alcohol as above, and sent it back to the D Hospital in Cheongdo-gun C.

At around 17:02 on the same day, the Defendant was required to respond to the measurement of alcohol in a manner of inserting the breath of alcohol between approximately 25 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling the Defendant, smelling the Cheongdo Police Station Emba from F in the process of police box at the above D Hospital, making the Defendant take the breath of alcohol, and

Nevertheless, the Defendant avoided it three times in a way that does not put the whole in a drinking measuring instrument, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

[2015 Highest 2263]

3. On April 25, 2014, at around 20:49, the Defendant driven B large-scale 100CC fabab under the influence of alcohol without obtaining a motor driver’s license from the Do in front of the mountain valley located in the Cheongyang-gun, Cheongyang-gun, Cheongyang-do, the Cheongyang-do, the Cheongyang-do, the Cheongyang-do, the Cheongyang-do, the Cheongyang-do, the Cheongyang-do, the Cheongyang-do, the Cheongyang-do, the Cheongyang-gun, the 73th day of the same day.

Summary of Evidence

[2014 Highest 2055]

1. Defendant's legal statement;

1. A traffic accident report and each traffic accident report (1, 2);

1. A report on the actual state of the driver;

1. Investigation report (in cases of initial measures and refusal of measurement);

1. Photographs (2015 Highest 2263);

1. Defendant's legal statement;

1. A traffic accident report and each traffic accident report (1, 2);

1. A report on the oral statement of the driver;

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