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(영문) 광주지방법원 목포지원 2014.01.27 2013고단1866
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

On May 31, 2012, the Defendant was sentenced to a suspended sentence of 2 years for the crimes of violation of the Road Traffic Act in the wooden Branch of the Gwangju District Court on August 31, 2012. On December 23, 2002, the Defendant was sentenced to a suspended sentence of 3 years for the crimes of violation of the Road Traffic Act on the grounds of a suspended sentence of 3 years for the crimes of violation of the Road Traffic Act on December 23, 2002. On September 17, 2013, the Defendant was a person with two or more times, who was sentenced to a suspended sentence of 3 years for the crimes of violation of the Road Traffic Act. On September 20, 2013, the Defendant was under the influence of 0.150% of the blood alcohol concentration without a motorcycle driver’s license on the roads located in the Yannam-gun-gun, Yancheon-ri, Yancheon-si, Yan-si, the Defendant was driving C, not covered by mandatory insurance on the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. Entry in the register of driver's licenses;

1. Statement of investigation report (verification of non-performance of mandatory insurance);

1. Previous records: Application of the Acts and subordinate statutes that record inquiry reports such as criminal records;

1. Article applicable to criminal facts;

(a) Point of drinking under the judgment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

(b) Point of driving without obtaining a license: Article 154 subparagraph 2 of the Road Traffic Act and Article 43 of the Road Traffic Act;

(c) Operation of a motor vehicle not covered by mandatory insurance: Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrence and the choice of a punishment (the punishment prescribed for a violation of the Road Traffic Act with the largest punishment among crimes committed on the market, the punishment prescribed for a violation of the Road Traffic Act with the largest punishment, and the choice of imprisonment);

1. It shall be decided as per the disposition for the reason that the vehicle is more than a motorcycle under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548

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