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(영문) 부산지방법원 2016.02.03 2015고단693
도로교통법위반(무면허운전)등
Text

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

However, the above imprisonment for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On January 17, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving at the section of approximately 500 meters from the section of 125cc away from the section of 500cm to the front way of the apartment to be located in the same name as the name of the Gu, without obtaining a license for a motor device bicycle at around 08:40 on January 17, 2015.

2. The Defendant violated the Guarantee of Automobile Compensation for Damages did not subscribe to mandatory insurance, and operated the aforementioned unregistered fabs as provided in paragraph 1.

3. On January 17, 2015, the Defendant is under the influence of alcohol on the front side of an apartment that can be located in the name of Busan Northern-gu, Busan on January 17, 2015.

have reasonable grounds to determine that there is a reasonable

In the case of having received a request from a slope C belonging to the District District to comply with the alcohol testing method by injecting the respiratory, he did not comply with the alcohol testing without any justifiable reason for the reason that the alcohol measuring instrument was sealed in his hands or not in the respiratory, etc.

Summary of Evidence

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

1. Statement made by the police against D;

1. Report on detection of a driver at driving, report on the circumstances of the driver at driving, inquiry of the results of crackdown on drinking, register of driver's licenses, and details of revocation of driver's licenses;

1. Application of Acts and subordinate statutes of the investigative report (Evidence 5,6)

1. Article 148-2 (1) 2, Article 44 (2), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Compensation Act;

1. Imprisonment with prison labor or a fine (violation of the Road Traffic Act by driving without a license);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Reduction of a small amount of punishment (with respect to imprisonment) Articles 53 and 55 (1) 3 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (including the fact that there is no record of punishment exceeding the fine for the same crime) 1.

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