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(영문) 인천지방법원 부천지원 2014.11.13 2014고정1173
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 20:00 on September 2, 2013, the Defendant was driving a knex vehicle without obtaining a driver’s license in approximately 5km section from the Do adjacent to the deep-dong in Bupyeong-gu, Seocheon-gu, Busan to the 336 km-dong in the same city.

2. Around September 20:48, 2013, the Defendant was demanded to comply with a drinking test by inserting the breathm of alcohol into a drinking measuring instrument for about 20 minutes on September 2, 2013, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, and breathing on the face of the police station D Zone D Zone, which called out, after receiving a report from the Defendant on the date and time set forth in paragraph (1) of this Article, while driving the said breath under the influence of drinking while drinking at the location of the said breath, and at the same time, he was driving the said breath under the influence of drinking.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing the report on the occurrence of a traffic accident, the report on a traffic accident, the report on the situation of a driver's license, the report on the discovery of a driver's license, the report on detection of a driver's license, photographs rejecting to be measured, the register of driver's license, etc., and the 112 Report

1. Relevant Article of the Act and subparagraph 1 of Article 152 of the Road Traffic Act, the selection of fines for criminal facts, and Article 43 of the Road Traffic Act, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of fines;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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