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(영문) 의정부지방법원 고양지원 2015.02.12 2014고단2019
도로교통법위반(음주운전)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

"2014 Highest 2019"

1. Around July 22, 2014, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) and the Defendant driven B Poter cargo under the influence of alcohol of 0.131%, without obtaining a driver’s license, at a section of about 500 meters from the upper end of the Marine Track-si, Chungcheongnam-si, Chungcheongnam-si to the front end of the same Eup/Myeon.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a person who operates a printing establishment located in C at the time of strike, using the above cargo vehicle for transporting printed materials, and holds the above cargo vehicle.

The Defendant, at the same time and place as the preceding paragraph, operated the foregoing cargo vehicle without purchasing a mandatory insurance policy for automobiles.

"2015 Highest 45"

3. Around 16:30 on December 28, 2014, the Defendant driven B Poter cargo at a section of about 400 meters from the road in the front of the second apartment unit of the Hagu-Eup Si-Eup, Pakistan-si, in the state of under the influence of alcohol by 0.135% of blood alcohol concentration without a driver’s license.

4. The Defendant violated the Guarantee of Automobile Accident Compensation Act without purchasing mandatory insurance at the time and place specified in paragraph (3).

Summary of Evidence

"2014 Highest 2019"

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. "The 2015 Highest 45" of each mandatory insurance association;

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The driver's license ledger;

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

1. Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of sound driving), Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of driving without a license) concerning criminal facts, and Articles 46(2)2 and 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015).

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