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(영문) 의정부지방법원 2013.07.05 2013고단1181
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is the holder of B B-II cargo. On September 14, 2009, the defendant was sentenced to a summary order of KRW 2 million with a fine of KRW 3.5 million with a fine of KRW 3.5 million with a fine of violating the Road Traffic Act at the Seosan Branch of the Daejeon District Court on June 17, 2010, and the defendant was sentenced to a summary order of KRW 3.5 million with a fine of KRW 3.5 million with a fine of violating the Road Traffic Act at the Seogsan Branch of the Daejeon District Court on March 22, 201, and was sentenced to a suspended sentence of six months with a imprisonment of at least two years with prison labor for violating the Road Traffic Act Article 44(1) of the Road Traffic Act on at least two occasions.

On April 13, 2013, at around 18:40, the Defendant driven an above cargo vehicle without obtaining a driver’s license in the restaurant parking lot of the Macheon-si, Macheon-si, Macheon-si, Macheon-si, and without being covered by mandatory insurance without being able to obtain a driver’s license.

As a result, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, drives the above cargo while under the influence of alcohol 0.215%, while driving the above cargo without obtaining a driver's license, and operated the above cargo without being covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. A traffic accident occurrence report;

1. Mandatory insurance policies;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of recent A criminal records of a suspect), and application of relevant statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning criminal facts, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating motor vehicles which are not mandatory insurance);

1. The crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act without a license) and the crimes of violation of the Road Traffic Act with heavier punishment (the crimes of running under the same Article); and

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