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(영문) 청주지방법원 2012.08.24 2012고단477
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Without a driver’s license, the Defendant

1. On September 22, 2011, at around 07:30, Cheongju-si, the Defendant’s D Cargo Trucks owned by the Defendant from the front day of the Defendant’s house located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu to the vicinity of the D Freight Standon-gun, Chungcheongnam-gu, Chungcheongnam-do, the Mad Trucks of which is about 14 kilometers;

2. On December 6, 12: 08:30 of the same year, the truck was driven by approximately 10 kilometers around the 280 km of the upper parallel of the middle exclusive highway in the vicinity of the Yaong-gun, the Yaeong-gun, the Yaeong-gun.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the inspection report on winners, the register of driver's licenses, the register of disqualified drivers' licenses, the inquiry into the chassis, and the investigation report (report on the current status of driving without licenses);

1. Relevant Article of the Act on the Crime and the Selection of Punishment, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the Selection of Imprisonment with prison labor;

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

1. The defendant's assertion against the defendant and his defense counsel under Article 62 (1) of the Criminal Act (i.e., merely a simple driving without a license, and against his wrong operation through confinement life in the remaining 50 women, etc.) of the Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act). The defendant asserts that the operation of this case is not a driving without a license since the disposition to suspend the driver's license on Nov. 8, 2007 and the disposition to revoke the driver's license on April 30

However, according to the evidence of the prosecutor's submission, the defendant was under the control of drunk driving on November 21, 2007 and measured the alcohol level as a pulmonary measuring instrument on November 7, 2007, and the defendant demanded the police officer to collect blood at 0.073% of blood alcohol level. The police officer did not accept the defendant's request for blood collection on the ground that the defendant delayed time intentionally and the period during which blood collection was possible. On November 8, 2007, the head of the Cheongju-gu Police Station of the Cheongju-gu Office suspended the driver's license for 10 days from the 27th to March 5, 2008 on the ground that the defendant was under the influence of alcohol level.

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