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(영문) 전주지방법원 남원지원 2018.08.21 2018고단125
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 14, 2017, the Defendant was sentenced to two years of suspended execution in August 2, 2017 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the support of the Southern District Court of the Jeonju on March 14, 201, and the judgment became final and conclusive on March 22, 2017 and is currently under suspended

On May 18, 2018, the Defendant, at around 06:00, driven a motor device bicycle, a motor device bicycle not covered by mandatory insurance, without obtaining a motor device bicycle license from approximately 250 meters section of alcohol level from the front of the Myanmar laund, which is located in the same Do-si, Southern-si to the East 39-ro, the same Do-ro, to the East Do-ro, the same 39m-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Notification of persons violating the Automobile Management Act;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history, investigation report, and Acts and subordinate statutes;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, Article 43 of the Road Traffic Act (the point of driving a non-licensed motor bicycle) concerning facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Insurance Act (the point of operating an automobile which is not mandatory insurance);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The defendant's reasons for sentencing of concurrent crimes include the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes with punishment prescribed for a violation of Road Traffic Act with heavy punishment). The defendant did not purchase a mandatory insurance policy under the former condition of drinking, such as the first head of the crime as stated in the judgment of the court.

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