logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2016.01.14 2015고단873
도로교통법위반(무면허운전)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On August 11, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving the Fgalloning Domp-type vehicle without obtaining a driver’s license from the Defendant’s house located in Chuncheon City around 00:10 to the front road of E gas charging stations located in D at the same time.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), Defendant 2 driven a motor vehicle under the influence of alcohol, such as smelling and smelling on the face of the Defendant from the head of the G District in the Chuncheon Police Station G District, which was dispatched to the site after receiving a traffic accident report at the time of the aforementioned day.

Even though there are reasonable grounds to determine a person who has been requested to respond to the measurement of drinking by inserting four minutes in the form of a drinking measuring instrument for about 30 minutes, he/she did not refuse it and did not comply with a police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement to the effect that the defendant has driven without obtaining a license as provided in paragraph (1) of the ruling in this Court;

1. Legal statement of a witness I;

1. Reports on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. A report on investigation;

1. Each photograph;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 subparagraph 1 of the relevant Act and Articles 152 and 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment), Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (the rejection of measurement of drinking, the selection of imprisonment, etc.) concerning the crime;

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

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances in light of the reasons for sentencing) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the suspended execution (The following favorable circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant caused a traffic accident that causes drinking or non-licensed driving, and thus, the police officer's drinking measurement is required.

arrow