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(영문) 전주지방법원 남원지원 2013.12.03 2013고단248
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

On June 15, 2007, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) by the Jung-gu District Court. On November 8, 2013, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) at the Southern District Court's Southern Branch.

At around 18:00 on September 8, 2013, the Defendant, at approximately 15km section from the front of the Defendant’s house located in the B of the Jeonbuk-gun of North Korea, to the front road of the new East East-dong, the Defendant operated without registration, which was not covered by the liability insurance at about 0.182% of the blood alcohol concentration without the license of the motor paper model at about 15km section from the front of the Defendant’s house in the front of the new East-dong, North Korea.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Photographss by cutting a black stuffe image images;

1. Previous records: Application of inquiries, such as criminal records, investigation reports (written indictments and reports accompanied by summary orders) and other Acts and subordinate statutes;

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) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the commercial concurrent crimes (the punishment imposed on the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act without a license).

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of the crimes of violating the Road Traffic Act with heavier penalty) ;

1. Suspension of execution is not less than the fact that the crime of this case is committed in accordance with Article 62(1) of the Criminal Act and the fact that it is against the mistake.

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