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(영문) 대전지방법원 홍성지원 2013.05.01 2013고정118
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around June 15, 2012, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on the roads B from the front of Boan-si, Boan-si to the front of the new village street located in Minecheon-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and without a vehicle driver’s license.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded by the Defendant to respond to a drinking test by inserting approximately 30 minutes a drinking measuring instrument into a drinking measuring instrument, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, snicking, etc., from the slope E belonging to the Red Police Station D District of the Red Police Station while driving the C Cost Star She while drinking alcohol at the same time, at the same time, and at the same place as the above paragraph (1).

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

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Control note;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Photographs refusing to measure alcohol;

1. Application of Acts and subordinate statutes to the ledger of use of drinking meters;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise, the choice of fines) concerning the selection of punishment, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the occupation of driving without a license and the selection of fines);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the maximum amount of the crimes above the punishment determined for a violation of the Road Traffic Act with heavier punishment, referring to concurrent crimes);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. All the records and arguments of this case are shown in the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the confession and reflectivity of the defendant, the age, health conditions and environment of the defendant, etc.

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