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(영문) 창원지방법원 2015.07.16 2015고단1110
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

Criminal facts

1. On April 20, 2015, the Defendant driven a 49c motorcycle that was not registered under the influence of alcohol with 0.162% of the blood alcohol concentration, without obtaining a motorcycle driver’s license, from around 2km section from the front day of the mutual influence restaurant in the front day of the Kimhae-si, Kimhae-si, to the front day of the high-military museum in the Gyeonghae-si, Kimhae-si, the Defendant driven a 49c motorcycle that was not registered under the influence of alcohol.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of a motorcycle as stated in paragraph (1).

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the defendant operated the above motorcycle which is not covered by mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on detection of a host driver;

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

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts, and Articles 46 (2) 2 and 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 sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (i.e., the reflection of the suspension of execution and the imposition of a fine for the same kind of crime without any past record);

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