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(영문) 광주지방법원 순천지원 2016.04.07 2015고단2387
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 9, 2015, the Defendant appealed on the suspension of the execution of four months of imprisonment with prison labor for a crime of violating the Road Traffic Act in the Gwangju District Court's net support on April 9, 2015, but the appeal was dismissed on November 19, 2015, and the said judgment became final and conclusive on November 27, 2015.

In addition, on December 10, 2012, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Gwangju District Court's Netcheon Branch on December 10, 201, and a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (drinking driving) from the same support on December 30, 2010.

The defendant shall be prohibited from operating any motor vehicle with no registration 50cc motor device and no mandatory insurance is subscribed on the road.

Nevertheless, on November 9, 2015, the Defendant operated a motor device without purchasing a mandatory insurance without obtaining a motor device bicycle driver's license in approximately 20 meters section from the front of the K K K K K K K K K K K KK in the net light of the same net light to the front road of the same maintenance.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Notification of detection of non-registered soil contamination;

1. On-site photographs of a traffic accident;

1. Previous convictions: Inquiry into criminal history, report on investigation (report on drinking driving judgment), and application of Acts and subordinate statutes to report on investigation (verification of whether an appeal is filed);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 46 subparag. 2 of the Guarantee of Automobile Compensation Act (the point of operating an automobile with no mandatory insurance)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the sum of long-term punishments) of the aggravated concurrent crimes;

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