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(영문) 창원지방법원 2014.05.02 2013고단3396
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, at the Changwon District Court on September 30, 2010, issued a summary order of a fine of two million won due to a violation of the Road Traffic Act, and on March 22, 2012, was sentenced to a fine of three million won due to a violation of the Road Traffic Act at the Changwon District Court on March 22, 2012, and violated Article 44(1) of the Road Traffic Act on at least two occasions.

[2013 Highest 3396]

1. On September 29, 2013, the Defendant was driving a DDap Motor Vehicle for about 3 km from the front day of the Kimhae-si, Kimhae-si, without a driver’s license, while under the influence of alcohol at least 0.185% of blood alcohol concentration on September 29, 2013.

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

Nevertheless, at around 01:30 on September 29, 2013, the Defendant operated a DDap Motor Vehicle not covered by mandatory insurance for about 3 km section from the front road of the Seocho-dong Kim Jong-dong, Young-dong, Seoul Special Metropolitan City, to the front road of the same city in the Seocho-dong, Young-dong, Seoul Special Metropolitan City.

[2014 Highest 90] On December 21, 2013, the Defendant driven D D DDap Motor Vehicle without a mandatory insurance without a car driver’s license in approximately 60 meters from the front of a restaurant located in the West-dong, Seo-gu, Kim Jong-si to the front day of the same west-dong in the same city.

Summary of Evidence

[2013 Highest 3396]

1. Statement of the defendant in court, and statement of the defendant in the first trial record;

1. No. 2-10 [Evidence No. 2-10 [Attachment 90] of the evidence list submitted by the prosecutor (hereinafter “verification”).

1. Statement of the defendant in court and statement of the defendant in the second trial records;

1. The evidence list Nos. 2 to 10, and 12 submitted by the prosecutor (pre-trial record)

1. Application of the law No. 13, 14

1. Each relevant Article of the Act concerning criminal facts;

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