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(영문) 대전지방법원 공주지원 2018.06.08 2018고단53
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On December 16, 2017, the Defendant driven a CB-free car without obtaining a driver’s license from the front of the new apartment shop to the new apartment 100m distance from the front of the new apartment 101, to the front of the new apartment 101, which was around 13:30 on December 16, 201.

2. Violation of the Road Traffic Act (refluence of drinking), while driving as set forth in paragraph 1, the Defendant shocked the studio that was parked in front of the new apartment commercial building as set forth in paragraph 1. On the same day, at the D District E’s slope sent after receiving a report at the place set forth in paragraph 1 at around 14:00 on the same day, the reaction of drinking was appeared at the D District E during the drinking-free season presented by the D District E, which was called out. On the other hand, the Defendant was requested to take a drinking test from a red and smelling slope, but did not comply with the drinking test for about 15 minutes without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents (1, 2, report on actual condition) and investigation reports (report on actual condition of the driver in charge of driving);

1. The driver's license ledger;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The fact that the reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes has five times a previous conviction, and the defendant's age, sex, sex, environment, occupation, occupation, family relationship, motive and consequence of the crime, and other various sentencing conditions as shown in the trial process, including the circumstances after the crime, shall be comprehensively considered, and the punishment is determined as ordered.

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