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(영문) 광주지방법원 순천지원 2015.05.13 2015고단389
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 21:00 on January 21, 2015, the Defendant driven B rocketing car under the influence of alcohol by 0.135% without obtaining a driver’s license from the road in front of a public health clinic located in Gosong-gun, Gosong-gun, Goak-gun, Gosong-gun to the road in front of the same Ri, from the road in front of the public health clinic located in the same Ri.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated an automobile that was not covered by mandatory insurance at the same time and place as the above Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and a actual investigation report on each traffic accident;

1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to the mandatory insurance policy and information about non- mandatory insurance policy;

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

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades under Articles 40 and 50 of the Road Traffic Act and those for violation of the Road Traffic Act at the time of marketing);

1. Selection of each sentence of imprisonment;

1. Among concurrent crimes, there are three previous crimes of violation of the Road Traffic Act which are disadvantageous to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and there are three previous crimes of violation of the Road Traffic Act, one time, and four previous crimes of violation of the Road Traffic Act (non-exclusive license). The same criminal records of violation of the Road Traffic Act are the same and the same criminal records of violation of the Guarantee of Automobile Accident Compensation Act are the same crimes of violation of the Guarantee of Automobile Accident Compensation Act.

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