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(영문) 대구지방법원 경주지원 2013.08.06 2013고단300
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 26, 2013, at around 13:30, the Defendant driven a dump vehicle under the influence of alcohol concentration of 0.143% while under the influence of alcohol with a dump vehicle (hereinafter referred to as “dump”), without obtaining a driver’s license in the section of about 1m from the tri-distance Sckis adjacent to the Tri-ri-ri-ri, Yang-si, Yang-si, Pyeong-si, Seoul, to the roads in front of the influence in the same Ri.

2. Notwithstanding the fact that an automobile violating the Automobile Management Act cannot be operated unless it is registered in the register of automobiles, the Defendant operated a dump vehicle without registration as described in paragraph 1.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act, who is a holder of a dump vehicle without registration, did not purchase mandatory insurance and operated the said dump vehicle as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

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

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 80 subparagraph 1 and Article 5 of the Automobile Management Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Consideration of the instant crime, distance from driving, and the fact that it is against the probation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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