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(영문) 대구지방법원 김천지원 2015.07.02 2015고단379
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a holder of 49c Tex, without a number plate.

On March 17, 2015, the Defendant, without obtaining a motorcycle driver's license for a motorcycle on March 19:30, 2015, driven the above Oba, which was not covered by the mandatory motor vehicle insurance, at approximately 4 km section from the front of the mountain market in the Gu-U.S. Sinsi-Eup in the city of the same city, on the roads in front of the mountain market in the Gu-U.S. P. Sinsi-Eup to the above road of the Obari road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident occurrence report, on-site photographs, reports on the actual state of a driver, reports on traffic accidents, reports on blood alcohol and alcohol, registers of driver's licenses, and reports on investigation (verification of details of compulsory insurance coverage);

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of the punishment prescribed for a violation of the Road Traffic Act with heavy punishment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the type of driver's license and the fact that only the defendant himself/herself is significantly injured due to a crime, the health and economic conditions of the defendant following

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