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(영문) 의정부지방법원 2015.10.16 2015고단3309
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 19, 2012, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Jung-gu District Court on July 19, 2012, and on October 25, 2013, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for a violation of the Road Traffic Act (driving) and is still under the suspended sentence as of November 2, 2013.

1. On April 6, 2014, the Defendant: (a) driven a Chand car with a blood alcohol concentration of about 0.092% while under the influence of alcohol without obtaining a driver’s license in the section of about 300 meters from the 300 meters to the front road, from the fluoral west to the center of the fluoral road of the fluorian Government to the fluorian City from the fluoral 81 to the center of the fluorian Government.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a vehicle with C low-speed car.

No automobile which is not covered by mandatory insurance shall be operated on a road.

The Defendant operated the said low-speed car without mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Investigation report (the attachment to the mandatory insurance contract) ;

1. Previous records: Application of criminal records and investigation reports (Attachment to the same attached records, etc.);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the same Act concerning criminal facts, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a sentence, violation of the Road Traffic Act, and selection of imprisonment for a violation of the Guarantee of Automobile Accident Compensation Act;

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

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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