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(영문) 수원지방법원 여주지원 2013.04.22 2013고단164

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

On August 22, 2008, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on August 22, 2008, and on December 19, 2008, the above summary order became final and conclusive by the same court on December 19, 2008 due to a violation of the Road Traffic Act (driving).

1. On February 5, 2013, at around 18:20, the Defendant was driving a Cran-do under the influence of alcohol concentration of 0.125% without a vehicle driver’s license, from a section of about 1km, from the front side of the B apartment of Gyeonggi-gun to the front side of the same Ri, to the long-distance distance near the same Ri located.

2. No automobile which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated a car without mandatory insurance at the time and place specified in the above 1. Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous convictions in judgment: Application of a reply to criminal records and an investigation report (Attachment to a summary order, etc. of a suspect A);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the same Act concerning criminal facts, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes).