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(영문) 대구지방법원 김천지원 2014.04.16 2014고단25
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 20, 2013, at around 17:30, the Defendant driven a B 100 Oral cat, without a motorcycle driver’s license, under the influence of alcohol level of about 0.141% at the 2km section of the road in front of a cafeteria located in the Domambro-si, Kimcheon-si, on the road in front of a cafeteria in front of a mutually influorial Dom, Kimcheon-si.

2. A person violating the Guarantee of Automobile Accident Compensation Act is prohibited from operating a vehicle on a road without mandatory insurance. However, the Defendant operated the B 100 Oral Ba, which was not covered by mandatory insurance, at the time and place in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A performance-based driver report (28 pages of investigation records);

1. Statement to C by the police;

1. Written statements of D;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

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

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished four times by a fine since 2004 due to the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Guarantee of Automobile Accident Compensation Act, and the violation of the Guarantee of Automobile Accident Compensation Act, and the fact that there are many kinds of criminal records, however, in light of the fact that the defendant is not subject to the punishment of the crime in light of the fact that he gets injured by the central line while driving the otobbane without drinking, non-license, or mandatory insurance, and caused a traffic accident.

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