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(영문) 청주지방법원 2014.04.17 2014고단82
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 11, 2014, the Defendant violated the Road Traffic Act (Free Driver’s License) without obtaining a driver’s license, and operated Bran-do car over about 3 km from the front day of “Pari-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, to the front day of “Pari-gu, 206” located in the same Pari-ro 206 street.

2. Violation of the Road Traffic Act (Refusal of measurement) has reasonable grounds to recognize that the Defendant driven a motor vehicle under the influence of alcohol, such as the fact that the Defendant’s speech and behavior is divided into a red color, and that there is an illness in the driver’s vehicle, etc. on the front side of the above “the early front line” as stated in the above paragraph (1) of the Road Traffic Act, and the police officer dispatched upon receipt of a report attempted to take a alcohol alcohol test three times between 09:34 and 09:5 of that day, but did not comply with the measurement.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

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

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to photographs of drinks;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement of noise), and the choice of imprisonment, respectively;

1. Aggravation of concurrent crimes as provided for in 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 long-term punishments of the crimes above two crimes) among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include not only two times of a fine due to a violation of the Road Traffic Act (driving) even around 2000 and around 2003, but also two times of a fine due to the violation of the Road Traffic Act (driving).

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