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(영문) 대전지방법원 서산지원 2014.02.21 2014고단62

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.

However, the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 27, 2008, the defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on November 27, 2008, and on November 20, 2009, the same court has been sentenced to imprisonment for the same crime and has been punished two times or more for the same crime.

【Criminal Facts】

1. On October 1, 2013, the Defendant driving a motorcycle without a driver’s license for violation of the Road Traffic Act and the Road Traffic Act (driving without a license) with no number plate in the section of about 2 km from the front line of the trade name in the West-si, Busan-si without obtaining a driver’s license, to the front road of new stocks and apartment at the same time located in the same time-si, Seosan-si.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the said motorcycle which was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation:

1. A statement of circumstances of drinking alcohol measurement and a report on detection of drinking drivers;

1. Previous convictions in judgment: References to criminal records, investigation reports (the confirmation report on the date of release), and application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (a point of driving without a license);

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

1. Selection of a fine for the crimes of violation of the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act, respectively, concerning the punishment of imprisonment and the violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The conditions that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act.