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(영문) 전주지방법원 군산지원 2014.08.20 2014고단432
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 29, 2009, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Jeonju District Court’s Gun mountain support on October 29, 2009. On February 18, 2010, the Defendant was sentenced to a suspended sentence of imprisonment for the same crime in the same court on February 18, 2010, and was issued a summary order of KRW 5 million for the same crime in the same court on July 2, 2012.

As above, the Defendant is a person who violated Article 44(1) of the Road Traffic Act not less than twice and is a holder of Oral Ba at the time of registration.

On May 11, 2014, the Defendant, while under the influence of alcohol at 09:48, driven the instant Obane without obtaining a license for a motorcycle at a level of 0.261%, and without being covered by mandatory insurance at a level of approximately 200 meters from the front day of the Hemsan Village in the front day of the front day of the Hamsan Village in the front side of the front day of the front day of the front day of the road.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, repeated statements, copies of judgment, and application of each summary order 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 concerning criminal facts, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (a point of operating an insurance motorcycle);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that there is reflectivity and the fact that there is a mother to provide support);

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