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(영문) 대구지방법원 2015.05.14 2015고단967
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 18:00 on February 7, 2015, the Defendant driving a C T-L car without obtaining a driver’s license for a section of about 300 meters from the front day of Taeung-dong, Daegu-gu, Taecheon-dong to the Gyeongcheon Public Security Center located in the same Dong-dong to the road.

2. On February 18, 2015, at around 00, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument three minutes in total, 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as smelling, smelling, snicking, snicking, etc. from a slope of the traffic safety police station in the Dong-gu, Daegu-gu, Daegu-gu, the Defendant, at around 18:0.

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

Summary of Evidence

1. Defendant's legal statement;

1. Inspection of the results of drinking control, and notification of the results of drinking driving control;

1. Application of the statutes on the register of driver's licenses;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant was under the influence of alcohol driving five times (four times a fine, one time a suspended sentence), and twice a licenseless driving; (b) the Defendant was under the influence of alcohol driving on November 21, 2013; (c) six months of imprisonment; and (d) the Defendant was under the suspension of the execution, and (d) was under the suspension of the execution, and (e) was under the suspension of the execution, and (e) was under the suspension of the execution of the execution of the instant crime

However, the defendant's mistake is divided.

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