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Reasons
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(영문) 춘천지방법원 강릉지원 2013.09.26 2013고단184
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On December 29, 2012, the Defendant, on December 29, 2012, driven a egallon two vehicle from the 20km section to the “mental construction,” which is linked from the front side of the Tridong, which was located in the Dong-dong, which was located in the Dong-dong at the time of the same Sea without obtaining a driver’s license on December 16, 2012.

2. On January 29, 2013, the Defendant was under the influence of alcohol at around 19:32 on January 14, 2013 without obtaining a driver’s license, and the Defendant driven two gallons in the section of approximately 200 meters from the front of the gallon box in the East Sea, which was under the influence of alcohol at least 0.215% of the blood alcohol concentration without obtaining a driver’s license.

3. Violation of the Guarantee of Automobile Accident Compensation Act;

(a) No person shall operate any motor vehicle which is not covered by mandatory insurance on a road;

Nevertheless, the Defendant operated a gallon 2 car that is not covered by mandatory insurance at the time and place specified in paragraph (1).

(b) No person shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated a gallon 2 car that is not covered by mandatory insurance at the time and place specified in paragraph (2).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Reporting on the occurrence of a traffic accident;

1. On-site photographs of a traffic accident;

1. A report on detection of a host driver;

1. Statement on the circumstantial statement of the employee;

1. Registers of driver's licenses;

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

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and 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 and Article 38(1)2 of the Criminal Act are applicable;

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