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(영문) 수원지방법원 2015.01.15 2014고단5699
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2014 Highest 5699] On June 17, 2010, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a crime of violating the Road Traffic Act (driving) at the Suwon District Court. On January 4, 2008, the same court issued a summary order of three million won as a crime of violating the Road Traffic Act (driving).

1. On September 18, 2014, at around 00:19, the Defendant driven a B-hand car owned by the Defendant without obtaining a driver’s license in the section of approximately 1.2 km from the front of the convenience public bus terminal located in the convenience of the city, Gambi-dong 23-1 to the front of the same KTin Building, and without obtaining a driver’s license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act driving a car owned by the Defendant, which was not covered by mandatory insurance at the time and place specified in paragraph (1).

[2014 Highest 6566] On November 2, 2014, the Defendant driven a B B lux car at a level of 200 meters from the wife population C to the 296-7 Swiss-dong 296-7 Swiss-dong 200 meters near the bank at the same time without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records of judgment: Application of criminal history records, inquiry reports (suspects' previous records and confirmations) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 152 (1) and Article 43 of the Road Traffic Act, Article 152 (1) 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 Act on Guarantee of Automobile Accident Compensation;

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

1. Selection of each sentence of imprisonment;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflective points);

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