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(영문) 광주지방법원 2013.10.08 2013고단3377
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

On January 23, 2009, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court for the crime of violation of the Road Traffic Act, and KRW 800,000 by the same court on February 16, 2009 for the same crime, etc.

1. On June 19, 2013, the Defendant was under the influence of alcohol by 0.153% of blood alcohol content without a motorcycle driver’s license on June 16:18, 2013, and the Defendant driving a three-distance restaurant in the vicinity of the Dondong-gu Busan Metropolitan City, without reporting its use to the competent authorities at approximately 1 k-meter section of approximately 511-22 of the same year.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road without mandatory insurance.

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place mentioned in the above 1.1.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Indicating the circumstantial statement of a driver, the register of driver's licenses, and information about subscription to mandatory insurance;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (report accompanied by a copy of the same criminal record and summary order, and copies of the summary order);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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