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(영문) 의정부지방법원 2014.03.27 2013고단4237
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Criminal facts

1. On November 11, 2013, the Defendant: (a) on the roads in front of a river hospital located in Seocheon-si, Seocheon-si; (b) around November 11:10, 2013, the Defendant driven Crocco-Bandon-Bandon Motor Vehicle under the influence of alcohol content of about 0.156% without obtaining a driver’s license in the section of about 1km from the roads in front of a river hospital located in Seocheon-si, Seocheon-si to the common distance located in the Gu-Eup/Myeon.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act was a person who has the right to use Crocco-Ban automobiles, and was the owner of the said automobiles, and operated the said automobiles on the road without mandatory insurance for the said automobiles at the time and place mentioned in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on the status of running a motor vehicle on the market, and a report on the replacement of a driver on the motor vehicle;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes of the tea association and mandatory insurance association;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) and the main sentence of 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 imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The defendant, on the grounds of sentencing under Article 62-2(1) of the Criminal Act, was punished by a fine for drunk driving in 2001, and in 2008, he again committed the instant crime without being aware of the fact that he had been sentenced to a two-year suspended sentence due to drinking driving, etc. in August 2008, and the defendant again committed the instant crime without being aware of the fact that he had been sentenced to a two-year suspended sentence due to drinking driving, etc., and the Defendant caused an accident that leads to another vehicle during driving while under the influence of alcohol and led to a high risk of such act.

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