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(영문) 인천지방법원 부천지원 2014.11.28 2014고단2717
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 21, 2008, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court on January 21, 2008, and the same court on March 24, 2008 received a summary order of 1 million won by a fine for a violation of the Road Traffic Act (driving without a license). On July 23, 2008, the Defendant was sentenced to a summary order of 1 million won by a fine for a violation of the Road Traffic Act (driving without a license). On July 23, 2008, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment for a violation of the Road Traffic Act (driving for a violation of the Road Traffic Act) from the Ansan Branch Branch Branch of the Suwon District Court on March 28, 2013,

1. On August 11, 2014, the Defendant driven the Defendant’s large SH100B 100c motorcycles 100c bicycle from the 372-1 neighboring road in the Seocheon-si, Seocheon-si, Gyeonggi-do while under the influence of alcohol by 0.143% of blood alcohol concentration on August 23, 201, without obtaining a motorcycle driver’s license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the owner of a motorcycle as stated in the preceding paragraph, operated the said automobile which was not covered by mandatory insurance at the same time and place as stated in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of exploitation and a report on the state of exploitation;

1. Requests for appraisal;

1. The driver's license ledger;

1. Notice of the non-registered soil contamination;

1. Disqualifications;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc., investigation reports (verification of recidivism during the period of suspension of execution of sentence), investigation reports (former records, written judgments, etc.);

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

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

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.

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