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(영문) 창원지방법원 2013.08.30 2012고단3682
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 06:55 on October 5, 2012, the Defendant was under the influence of alcohol on the blood alcohol concentration of 0.131% without a motorcycle driver’s license, and the Defendant driven a motor bicycle with approximately KRW 150 meters without registration from the road front of gold forced in the central road of the Sungsi-gu, Changwon-si, Sungwon-si, to the road front of the Central Errors distance in the Changsi-si.

2. A motorcycle that is not covered by mandatory insurance for violating the Guarantee of Automobile Accident Compensation Act shall not drive on the road, but the Defendant operated the above motorcycle that is not covered by mandatory insurance at the time and place specified in the above paragraph 1.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. B written statements;

1. A traffic accident report;

1. Photographs related to accidents;

1. A written report from an employee of an employer;

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (2) 2, 44 (1) of the Road Traffic Act (the point of drinking), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of driving without a license) of the Road Traffic Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act (the point of driving a motor bicycle which is not mandatory insurance);

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment shall be imprisonment with prison labor between a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license, and the punishment heavier than that of a violation of the Road Traffic Act);

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)3, and Article 50 of the Criminal Act is deemed to have driven a breab while under the influence of alcohol without a driver’s license and such danger, etc. is relatively minor compared to driving of a motor vehicle, the defendant is five times since 2002 without a driver’s license.

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