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(영문) 창원지방법원 2014.03.26 2013고단3233

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 22 and 35, 2013, the Defendant driven a 100 occin which no license plate is available in the state of alcohol alcohol concentration of approximately 0.185% under the influence of alcohol without obtaining a license for a motorcycle driving at the section of about 100 meters from the front of the 86-13, Changwon-gu, Sungwon-si, Sungwon-si, Seoul, to the front of the gold forced road located in about 84-6 of the same Act, from around 100 meters.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of 100 OEM at the time of registration without delay.

In spite of the fact that the Defendant was unable to operate an Oral Ba which was not covered by mandatory insurance, the Defendant was driving the above City 100 Oral Ba, which was not covered by mandatory insurance at the time, time, and place, such as Paragraph 1.

Summary of Evidence

1. Court statements and the first trial records of the accused;

1. Application of Acts and subordinate statutes of the Agency, such as a traffic accident occurrence report, each actual condition survey report, each photograph, the circumstantial statement of a host driver, a report on detection of a host driver, a written statement on the occurrence of a traffic accident, the ledger of driver's licenses, the mandatory insurance association, and the

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a sentence for violation of the Guarantee of Automobile Accident Compensation Act, and selection of imprisonment for the violation of the Road Traffic Act;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant acknowledges and reflects his/her mistake, and that the defendant is punished several times for the same crime, but there is no past record

1. The part of dismissing prosecution under Article 62-2 of the Criminal Act, such as an order to attend a compliance driving lecture;

1. This.