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(영문) 부산지방법원 동부지원 2012.10.19 2012고합307
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine not exceeding eight million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act;

A. On September 3, 2012, the Defendant, without a driver’s license on September 3, 2012, driven approximately 40 km on the BNS car without a driver’s license on the Busan Gangseo-gu, Busan, the front road of Gangseo-gu.

B. At around 17:00 on the same day, the Defendant, without a driver’s license for a car, driven approximately 60 km to the front road of the Dobongdong-dong located in Busan, Daegu Do-dong, Busan, at the end of 17:00.

C. At around 21:25 on the same day, the Defendant, without a driver’s license, driven approximately 10 meters in front of the commercial building located in the front of the Dobong-dong store in the same Gu-dong.

2. The defendant shall be subject to subparagraph 1 (c) of the Road Traffic Act;

While driving as stated in the port at the time and place, there are reasonable grounds to recognize that the defendant's face is red and breathous, and the defendant was driving the above vehicle while under the influence of alcohol such as smelling, etc., the driver was requested to take a drinking test by inserting it into a drinking measuring instrument at around 21:35 on the same day from the police officer belonging to the Busan Coast Guard in the Busan Coast Guard, but failed to comply with the drinking test by a police officer on three occasions on the same day, including refusal of a drinking test at around 21:50 on the same day and around 22:02 on the same day, but did not comply with the drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in this court;

1. Making inquiries into the results of the control of drinking and driving by the police, reports on the circumstantial statements of drinking drivers, records on the use of measurement of drinking alcohol, and the register of driver's licenses, each entry;

1. Statement of police preparation report, and application of Acts and subordinate statutes to video (including attached documents);

1. Relevant legal provisions and the first point of a decision on the selection of punishment for a crime: Each point under subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act as stated in Article 2 of the Road Traffic Act: Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act;

1. Aggravation for concurrent crimes;

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