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(영문) 전주지방법원 남원지원 2014.01.21 2013고단274
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 28, 2010, the Defendant was sentenced to imprisonment with prison labor and one year and six months for violating the Act on the Aggravated Punishment, etc. of Specific Crimes in the Jeonju District Court on January 28, 201, and completed the execution of the sentence on January 9, 201.

1. At around 18:10 on November 10, 2013, the Defendant: (a) driven a non-registered motor bicycle with a blood alcohol concentration of 0.164% while under the influence of alcohol at around 50cc, without a driver’s license, in a section of about 300 meters, from the front of the Net Chang Chang-gun, Chungcheongnam-gun, the Young-gun, the head of the Eup office, and the Eup/Myeon office from the front of the road to the front of the school.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated a 50c motor bicycle without registration, which was not covered by mandatory insurance, at the same time and at the same place as the above paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Notification of detection of two-wheeled automobile number plate attachment;

1. Previous records: Application of inquiries and inquiries, such as criminal records, investigation reports (Attachment to judgments, etc. on the same kind of power), and Acts and subordinate statutes on the status of personal identification and confinement;

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

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment imposed on the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act with more severe punishment);

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act can have the power to be punished for drinking and driving without a license, and traffic accidents among the crimes in this case.

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