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(영문) 서울동부지방법원 2017.10.26 2017고단415
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

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

Reasons

Punishment of the crime

1. Around November 16, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on the road, the Defendant driven the front road of Seongdong-gu Seoul Metropolitan Government 20 meters without a motor device bicycle license.

2. A defendant who violated the Traffic Act on November 16, 2016, driving a motor vehicle while driving a motor vehicle on the front side of Seongdong-gu Seoul Metropolitan Government (hereinafter referred to as "fluoral vehicle") while driving a motor vehicle on the front side of Seongdong-gu Seoul Metropolitan Government (hereinafter referred to as "fluoral vehicle") under the influence of alcohol by a police officer belonging to the Seongbuk-dong Police Station in Seoul, who takes a traffic accident, snickly snacks the defendant's face, red, and

Although there are reasonable grounds to determine a person, he/she has been requested to comply with the measurement of drinking by inserting the whole 40 minutes of a drinking measuring instrument for about 40 minutes, he/she has refused the measurement and failed to comply with a police officer's request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. A survey report on actual condition and photographs on the scene of accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes concerning the refusal to measure drinking;

1. Article 154 subparagraph 2 of the relevant Act and Articles 154 and 43 of the Road Traffic Act, Articles 148-2 and 44 (2) of the Road Traffic Act, which relate to the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the Criminal Act concerning the punishment of concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (with respect to the crime of violating traffic laws on roads) of the mitigated amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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