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(영문) 서울북부지방법원 2015.04.23 2014고단4121
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of imprisonment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 17, 2007, the defendant was notified of a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court's Branch on January 17, 200, and a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on August 26, 2009.

1. On July 29, 2014, the Defendant driven a 125c motor bicycle not registered in the section of about 2 km of the road running in front of the road running in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, with a blood alcohol concentration of 0.138% without obtaining a motorcycle driver’s license. On July 29, 2014, the Defendant driven a 125c bicycle without being registered in the section of about 2 km of the road running in front of the road running in Seongbuk-gu, Seoul.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, who is a motor bicycle owner under the preceding paragraph, operated a motorcycle which is not covered by mandatory insurance.

3. In August 2014, the Defendant: (a) received a gallon 2 mobile phone unit from the homeless C in a gallon park located in Seongbuk-gu Seoul, Seongbuk-gu 34-ro 24-gil, Seongbuk-gu, Seongbuk-gu, Seoul, with a view to galloning the market value equivalent to KRW 600,000,000 from the homeless C

The Defendant did not follow necessary procedures such as returning a cell phone acquired as above to the victim, and embezzled the property that he/she had on his/her own mind and has left the possession of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the report on the situation of a drinking driver, a copy of the report, and an inquiry into the results of the drinking control;

1. Registers of driver's licenses;

1. Notification of a violator of the Automobile Management Act;

1. Entry in the police statement (2 times) and investigation report (victim D and monetary result report) with respect to E;

1. Application of Acts and subordinate statutes to each copy of the summary order (Evidence records 70,72 pages);

1. Relevant provisions of Article 148-2 (1) 1, Articles 44 (1), 154 subparagraph 2, and 43 of the Road Traffic Act concerning criminal facts, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and Article 360 (1) of the Criminal Act.

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