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(영문) 광주지방법원 순천지원 2015.02.10 2013고단1949
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2013 Highest 1949] On October 23, 2010, the Defendant driven a B 100-meter car from the front of the New Heung Middle School, which is under the Ordinance of the City of Net City, with a level of 0.107% alcohol level without a driver’s license, to the front road of the Taecheon Middle School, which is located in the same city’s municipal ordinance, in the same city.

【2014 Highest 451】 On September 14, 2007, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on September 14, 2007. On October 23, 2013, the Defendant was charged with non-detained as a crime of violation of the Road Traffic Act (driving) at the same court.

On September 24, 2013, the Defendant, as a holder of C New Franchise-to-Fran vehicle, driven a vehicle with approximately KRW 500 meters not mandatory insurance, from the next to the restaurant in the mutual non-fluent road in the Dongdae-to-Seoul Municipal Ordinance, which is under the influence of alcohol to 0.093% under the influence of alcohol without a vehicle driver's license, to the next to the front road in the Dongdae-to-Seoul Municipal Ordinance-si and the front road.

Summary of Evidence

Each protocol of suspect of the police against the accused, protocol of suspect interrogation of the prosecution against D, ledger of driver's license of the prosecution, inquiry into the results of the crackdown on drinking driving, report on detection of drinking drivers, mandatory insurance, inquiry report, copy of judgment, copy of written indictment, and application of statutes.

1. Driving of a motor vehicle without obtaining a license under the applicable law on criminal facts: Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the same Act, and Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act: Operation of a motor vehicle not covered by mandatory insurance under Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (Amended by Act No. 12987, Jan. 6, 2015); Operation of a motor vehicle not covered by the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015); Article 46 (2) 2 and the main sentence of Article 8 of the same Act

2. Articles 40 and 50 of the Commercial Concurrent Crimes Act (hereinafter referred to as "Commercial Concurrent Crimes") and the violation of the Road Traffic Act (hereinafter referred to as "Free Driver")

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