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(영문) 수원지방법원 성남지원 2018.07.11 2018고단1083
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[criminal history] On August 12, 201, the Defendant issued a summary order of KRW 2 million for a violation of road traffic laws at the Seoul Eastern District Court on August 12, 201, and on November 6, 201, a fine of KRW 3 million for a violation of road traffic laws (drinking driving) at the Sungnam Branch of Suwon District Court on November 6, 201.

[Criminal facts]

1. No driver or pedestrian shall pass along nor cross a road for motor vehicles, etc., other than motor vehicles that violate the Traffic Act (drinking or non-licensed driving), or drivers or pedestrians who are not motor vehicles that violate the Traffic Act;

Nevertheless, at around 02:20 on November 18, 2017, the Defendant driven an automobile owned by the Defendant on the exclusive road that can not pass through under the influence of alcohol concentration of 0.075%, without obtaining a motor device license, from around 02:20, the Defendant driven a motor vehicle with approximately 19 Km in front of the 610 village of the 212-dong-dong-gu branch of the Gyeonggi-gu Seoul Special Metropolitan City, Ghodong-gu, Ghodong-ro 212, a village of the 610-dong-gu branch of the west-gu, Gyeonggi-gu, Seoul Metropolitan City.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol even though he had a power to drive a motor vehicle.

2. On November 18, 2017, the Defendant refused to board the patrol vehicle B after being arrested as a flagrant offender B belonging to the police station for the suspicion of drinking, driving alcohol, driving without a license, etc. on the part of the 610-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ro

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Notification of the results of regulating drinking driving;

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

1. Report on the circumstances of driving without a license and details of driver's licenses;

1. Previous conviction: A written inquiry about criminal history and an investigation report (Attachment to a summary order related to the driving force of a suspect's drinking).

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