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(영문) 수원지방법원 2014.10.29 2014고단4698
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for four 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

1. On July 16, 2014, the Defendant violated the Road Traffic Act, the Road Traffic Act (driving without a license), and the Guarantee of Automobile Accident Compensation Act, driving a two-wheeled motor vehicle not covered by mandatory insurance with a blood alcohol concentration of 0.175% under the influence of alcohol at around about 600 meters from the front side of the World Cup stadium in Suwon-si 228, Suwon-si on the same day to the front side of the World Cup games No. 357-3, the same day from around 17:15 on the same day.

2. On July 9, 2014, the Defendant violated the Automobile Management Act: (a) attached the Cmotor bicycle license plate, an air hosp, to the B motorcycle, the Defendant owned by the Defendant, for the purpose of exercising the Cmotor bicycle license plate in front of the three-way 13-lane 210, Changpo-si, Suwon-si, Suwon-si, Suwon-si, for the purpose of exercising it in front of the three-way 13-lane 13-gil, Changpo-si, Suwon-si, Suwon-si; and (b) used it by operating the motor bicycle attaching the C number plate, the air hos

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on the actual status of a host driver;

1. Registers of driver's licenses;

1. A certificate of report on use of two-wheeled automobiles;

1. Report on investigation (as regards the two-wheeled vehicle of a suspect),

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 2 and 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, Article 78 subparagraph 2 and Article 71 (1) of the Automobile Management Act, Article 238 (1) of the Criminal Act, Article 238 (2) and (1) of the Criminal Act concerning criminal facts;

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. In relation to discretionary mitigation, it is divided into one’s mistake under Articles 53 and 55(1)3 of the Criminal Act, and in relation to drinking and unlicensed driving after 209.

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