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(영문) 수원지방법원 안산지원 2019.07.11 2019고단73
도로교통법위반등
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

The defendant is a driver of a two-wheeled automobile with no registered validity.

1. On July 25, 2018, the Defendant driven a two-wheeled vehicle under the influence of alcohol content of about 0.138% at the section of about 3km from the 3km road to the road front of the C window in Silung-si, without a driver’s license, at around 06:15, the Defendant used a two-wheeled vehicle under the influence of alcohol content of about 0.138% from the 3km road to the 3km road in Silung-si.

2. On July 25, 2018, the Defendant violated the Road Traffic Act: (a) driving a two-wheeled vehicle on a two-wheeled vehicle on July 25, 2018; (b) driving the two-lane road in front of the Cdo creative point in Sihh City B at Sih City, in accordance with one-lane speed from the north to the speed of speed, and then, (c) driving the road beyond the road, and then, (d) driving the two-wheeled vehicle on the center of the road at the speed of Sih City at the speed of speed, and (d) driving the two-wheeled vehicle on the road, which is owned by the D owner, who continued driving the two-wheeled vehicle in the direction of delivery, and was parked in the direction of delivery, destroyed the un

3. Notwithstanding the fact that anyone who violates the Guarantee of Automobile Accident Compensation Act is prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance, the accused has operated a non-registered two-wheeled motor vehicle at the date and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report, a report on detection of a de facto driver, and the register of driver's licenses;

1. Application of statutes on site photographs;

1. Article 148-2 (2) 2, Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, Article 43, and Article 151 of the same Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of penalty;

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