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(영문) 대전지방법원 홍성지원 2013.11.26 2013고단811
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 August 16, 201, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Hongsung branch of the Daejeon District Court on August 16, 201, and was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act (driving) in the same support on October 12, 2009, and was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act (driving) in three times, and is a deaf

1. On August 15, 2013, the Defendant: (a) driven a CT 100-wheeled vehicle under the influence of alcohol concentration of 0.307% while under the influence of alcohol, without obtaining a motorcycle driver’s license, from the front side of the lower parking lot of any inserted bridge located in the 2nd of the Chungcheongnam-nam Budget-gun, Chungcheongnam-do, Chungcheongnam-do; and (b) the Defendant driven a CT 100-wheeled vehicle under the influence of alcohol concentration of 0.307%.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act is the owner of the two-wheeled vehicle as described in the above Paragraph (1). The Defendant operated the two-wheeled vehicle without mandatory insurance in the same manner as described in the above Paragraph (1) at the date and place mentioned in the above Paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employer and the report on detection of the employer;

1. The ledger of driver's licenses, chassis, mandatory insurance, and welfare cards;

1. Previous convictions in judgment: Application of inquiry requests, such as criminal records, and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Legal mitigation under Articles 11 and 55 (1) 3 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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