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(영문) 광주지방법원 2014.09.18 2014고단2651
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

[criminal power] On June 20, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on July 3, 2013, a fine of four million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on July 3, 2013, and a fine of five million won for a violation of the Road Traffic Act at the Gwangju District Court on August 20, 2013, and a person who violated Article 44(1) of the Road Traffic Act on at least two occasions.

【Criminal Facts】

1. Around 21:00 on June 18, 201, the Defendant operated a B gallon-ro vehicle under the influence of alcohol concentration of 0.124% without obtaining a driver’s license from the front of the “Korea Hospital” located in the central Dong of Naju-si to the front of the “Nuri-si Center” located in the same Sinsi-dong from around 1km to the road.

2. The owner of a motor vehicle violating the Guarantee of Automobile Accident Compensation Act is prohibited from operating a motor vehicle on which mandatory insurance was not subscribed on the road. On August 21, 2014, the Defendant: (a) operated a motor vehicle with B gallon that was not covered by mandatory insurance from the front side of the Korean Hospital located in the central Dong-dong of Naju-si to the front road of the "Yuridong Center" located in the same Si/Do-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. The driver's license ledger;

1. Each mandatory insurance policy;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. The provisions of Articles 40 and 50 of the Criminal Act (Mutually between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (Free License).

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