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(영문) 대구지방법원 경주지원 2017.03.29 2015고단1116
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On August 30, 2015, the Defendant: (a) on violation of the Road Traffic Act (drinking) and violation of the Road Traffic Act (drinking without a license) driving on the road; (b) around 10:25 on August 30, 2015, the Defendant driven a motor-wheeled wheel with no number plate while under the influence of alcohol of about 0.138% of alcohol while under the influence of alcohol, without obtaining a bicycle license, from the farming side of the 1km-to-small-si Man-Eup at the river to the dry-si resting area in the racing-si.

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

Nevertheless, on August 30, 2015, the Defendant, who was holding a studio with no number plate, operated the above studio, which was not covered by mandatory insurance from the front of the Defendant’s house located in the Defendant’s house located in Samsung-si, Young-si to the 1,000 studio studio.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. The occurrence or arrest report of the case, the statement of the situation of the driver under the influence of alcohol, the inquiry of the results of crackdown on the driving of alcohol, the application of three photographs, and the application of the statutes governing the

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act (the point of failing to purchase mandatory insurance);

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

1. Selection of each sentence of imprisonment;

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

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