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(영문) 대전지방법원 논산지원 2019.03.29 2018고단620
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 14:50 on November 5, 2018, the Defendant: (a) driven a motor bicycle without registration under the influence of 0.071% of the blood alcohol concentration, without obtaining a motorcycle driver’s license, from the front side of the road located in the sloping gular road in Seosan-si to the front side of the floor distance of the same Ri, from around two kilometers.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the defendant was driving the automobile as stated in Paragraph 1, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

3. The Defendant illegally used air defense in spring around 2013, attached the Defendant’s c number plate removed from the Defendant’s otoba, which was previously used, to the Defendant’s obba in spring around 2013, and unlawfully used air defense.

4. The Defendant at the time and place specified in paragraph 1, exercised the air defense that was illegally used by the Defendant, who illegally used the number plate C, as described in paragraph 3, by operating the Defendant’s Obaba in the same manner as described in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of drinking control, and the register of driver's licenses;

1. Application of the Act and subordinate statutes for investigation reports (not including non-registered error notification);

1. Relevant provisions of Article 148-2 (2) 3, Articles 44 (1), 154 subparagraph 2, and 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 238 (1) and (2) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with labor for a violation of the Road Traffic Act or the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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