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(영문) 창원지방법원 진주지원 2014.01.14 2013고단1271
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On November 24, 201, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Changwon District Court on November 24, 201, and on January 11, 2013, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Jinju branch on January 11, 201, and on June 17, 2013, the said judgment became final and conclusive and conclusive on September 13, 2013, and the execution of the sentence was completed, and the same kind of power

【Criminal Facts】

1. On November 22, 2013, the Defendant driven C 110cc Austria, without a license, while under the influence of alcohol content of about 0.163% at the section of approximately 1.5 km from around 13:30 to the front of the punishment Dong office located in the same city at the same time, from around 107:2-30 Sacheon-si, Sacheon-si, Yangcheon-si, 2013.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder C 110cc Orala.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated a motor vehicle which was not covered by mandatory insurance by operating the above sub-soil as stated in paragraph (1) at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on detection of a host driver;

1. Mandatory insurance policies;

1. Registers of driver's licenses;

1. On-site photographs;

1. The current status of personal confinement/trial records, criminal records, and application of each statute of a judgment;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) and Article 8 of the Guarantee of Compensation for Damages of Motor Vehicles;

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

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes is the crime committed during the period of repeated crime.

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