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(영문) 수원지방법원 안산지원 2014.06.26 2014고단1065
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

1. On May 3, 2014, the Defendant driven a B B B B-beon vehicle at a section of about 500 meters from the front of the 528 Agricultural and Fishery Product Market in Ansan-si to the road in front of the same 591-5 vehicle while under the influence of alcohol by 0.209% without obtaining a driving license at around 11:10 on May 3, 2014.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, even though he was prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance, operated the said motor vehicle owned by the Defendant, which was not covered by mandatory insurance at the above temporary border.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Mandatory insurance policies;

1. Application of the statutes on the register of driver's licenses;

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

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. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

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