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(영문) 창원지방법원 마산지원 2015.08.25 2015고단600
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 23:00 on June 18, 2015, the Defendant driven a motor bicycle driver’s license in the 2km section of approximately 2km from the road in front of the jun-si, Changnam-si, Changwon-si, Changwon-si to the front road pursuant to Article 3:15 of the Road Traffic Act, without obtaining a motorcycle driver’s license, while under the influence of alcohol 0.173% of the blood alcohol concentration.

2. Any person who intends to drive any motor vehicle in violation of the Guarantee of Automobile Accident Compensation Act shall subscribe to the mandatory insurance bearing the responsibility for paying a certain amount to the victims in the event that other persons die or are injured due to the operation of the motor vehicle, and shall not drive any motor vehicle which is not covered by the

Nevertheless, the Defendant, while not purchasing mandatory insurance, was driving a non-registered 100 Oral Ba, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to the mandatory insurance policy and the ledger of driver's license;

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) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 (1) of the Criminal Act, the fact that a person has been punished several times due to drinking alcohol and driving without a license, and the fact that a person has a high drinking alcohol level: Provided, That the fact that the defendant repents his mistake, and the defendant's age, character and behavior, environment, and the case is involved;

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