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(영문) 대구지방법원 의성지원 2013.08.29 2013고단160
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant violated the Road Traffic Act (unlicensed Driving) driving on March 2013, 201, driving a 1st ton of the freight vehicle B without obtaining a driver’s license in the Sung-do Sung-gun, Seongbuk-gun, and the scamblon.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) from February 2013 to March 19, 2013, the Defendant operated the above sealed truck, which was not covered by mandatory insurance, in the Sung-dong Sung-gun, Seongbuk-gun, and the luxe lux.

3. On December 4, 2009, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) in a sex support by the Daegu District Court on the grounds that the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspension of execution on November 25, 2010.

On March 19, 2013, at around 22:50, the Defendant driven a 4m amount of the above wing and freight vehicle, while under the influence of alcohol content of 0.188% at the Taepinamanan parking lot located in the 82-ro, Mahyeong-gun, Chungcheongnam-gun, Chungcheongnam-do.

Accordingly, the defendant driven a motor vehicle under the influence of alcohol not less than twice, and drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (as to whether or not apartment parking lots are roads);

1. A report on the occurrence of a traffic accident, report on the results of crackdown on drinking driving, inquiry report on mandatory insurance, the ledger of driver's license for a motor vehicle, inquiry into the vehicle, and copy of a motor vehicle

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 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 each alternative fine for punishment;

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 of the Criminal Act for discretionary mitigation.

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