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(영문) 의정부지방법원 고양지원 2014.06.13 2014고단492
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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. On September 18, 2013, the Defendant was driving a 110-occin without a license for a motor bicycle. From September 20, 2013, the Defendant was driving a 10-occin without a license number plate while under the influence of alcohol of about 0.210% of the blood alcohol concentration at approximately 10-occ from the 196-occ-occn-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

2. No motor vehicle owner who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on which no mandatory insurance is subscribed;

Nevertheless, the Defendant, as the owner of the above C&110 Oral Ba, was driving the above Oral Ba without purchasing mandatory insurance on the above Oral Ba at the time and place specified in paragraph (1).

Accordingly, the defendant operated a motor vehicle not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to requests for appraisal, mandatory insurance, and car driving license registers;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and 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 each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The defendant under Article 62(1) of the Criminal Act is driving in the state of detention;

Of course, there was a risk to the driver of another vehicle, there was a record that the defendant was punished for the same kind of crime, the defendant is led to confession and reflect, the defendant also suffers an injury due to this case, and the defendant is economically disabled.

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