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(영문) 대전지방법원 홍성지원 2013.05.02 2012고합137

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten 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

On June 20, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on June 20, 2008, and on September 1, 201, the Daejeon District Court was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) in the Hongsung Branch of the Daejeon District Court on September 1, 201, and the same power has more than three times.

1. On November 1, 2012, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) on two or more occasions, and driving a motor vehicle at approximately 5 km from the road front of the “non-Keepingkin” road located in the Yannam-gun, Chungcheongnam-gun, Seoul Metropolitan Government Do, to the road located in the same Eup/Myeon under the influence of alcohol without obtaining a motorcycle driver’s license on November 1, 2012.

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 the above 50C tex, 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. Statement of employer-employed drivers, and statement of employer-employed drivers;

1. Registers of driver's licenses;

1. Investigation report (Report confirming whether to purchase mandatory insurance);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal history records, investigation reports (report attached to a judgment, etc.);

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

1. Violation of the provisions of Articles 40 and 50 (Crime of Violation of the Road Traffic Act, Violation of the Road Traffic Act (Unlicensed Operation) and the provisions of the Road Traffic Act (Crime of Driving Motor Vehicles) with heavy punishment.