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(영문) 대구지방법원 서부지원 2016.09.09 2016고단693
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. A defendant in violation of the Automobile Management Act was owned by him/her without obtaining permission from the competent Mayor/Do Governor in the dwelling area of the defendant who is located in the Seongbuk-gun, Gyeong-gun, 2015;

CIVI0 125C Austria removal of the registration number plate, and attachment the registration number plate to the 50C Austria 50C Austria.

From that time until February 25, 2016, the Defendant operated 50cc Oral dynas with the registration number plate of other Oral Ba as above.

In this respect, the Defendant detacheded the registration number plate without obtaining permission from the Mayor/Do Governor, and used the registration number plate unlawfully.

2. On February 25, 2016, the Defendant violated the Road Traffic Act (drinking) and the Act on Guarantee of Compensation for Motor Vehicle Damages, while under the influence of alcohol at around 20:35, the Defendant driven a motor vehicle with the efficacy set forth in paragraph (1) that was not covered by mandatory insurance at the 1km section of the same Eup on the front of “Neng-gun, Sung-gun, Sung-gun, Sung-gun, Sungdong-gun, Nung-gun’s “Neng cafeteria” located in the same Eup on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A response to a request for appraisal, or a report on the detection of the principal driver;

1. A report on investigation (attaching photographs);

1. Application of Acts and subordinate statutes to tea inquiries and mandatory insurance inquiries;

1. Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime; Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act; Articles 78 subparagraph 2, 71 (1), 81 subparagraph 1 and 10 (2) of the Automobile Management Act; Articles 78 subparagraph 2, 71 (1), 81 subparagraph 1 of the Road Management Act; Articles 10 (2) of the same Act concerning the selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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