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(영문) 전주지방법원 정읍지원 2016.03.15 2015고단603
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 26, 2015, the Defendant driven a sample dypon, which is located in the Si/Y-Eup-si (non-licensed driving) around 11:20 on September 26, 2015, using approximately 10km from the 10km section of the blood alcohol level without a driver’s license, to the front road of the North Korean energy service, which is located in the city from the market to the Seocheon-do-si (Seoul Agricultural Partnership). The Defendant driven a non-registered dypon dypon, an engine displacement of which is 250 cc of the engine displacement without a driver’s license, while under the influence of alcohol level of about 0.20 cc.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the above-wheeled Ba, which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the actual traffic accident, report on the occurrence of a traffic accident, and report on the detection of a primary driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes by concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the extent that the punishment is aggregated with the long-term punishment of two crimes];

1. The reason for sentencing of Articles 53 and 55(1)3 (the following favorable circumstances) of the Criminal Act for mitigation of small volume is that the defendant repents and reflects his mistake, and that he is the most of the wife of Chinese origin and the multicultural family married with his wife, and operates a small group of houses, and his wife and wife.

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