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(영문) 수원지방법원 여주지원 2014.02.07 2013고단1178
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On July 5, 2012, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the credit support of Suwon District Court on July 5, 2012, and on March 22, 2013, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act in the same court.

1. On October 19, 2013, the Defendant was under the influence of alcohol by 0.188% of blood alcohol level without a motorcycle driver’s license on October 18, 2013. On the same day, the Defendant driven a motorcycle at a section of about 2 km of approximately 50cc on the non-registered model on the non-registered model from around 2 km to the front day of the same Eup/Myeon, in the case of a non-registered restaurant located on the door of a multilaterry of the Gyeonggi Pyeong-gun to the temporary re-permanent re-establishment in the same Eup/Myeon area.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the actual holder of a motorcycle 50 c bicycle on the unregistered vehicle model.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place mentioned in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Notice of the non-registered soil contamination;

1. Previous convictions: Application of criminal records and investigation reports (limited to previous convictions and attachment of judgment) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 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. Punishment for a violation of Article 40 or 50 of the Criminal Act (or a violation of the Road Traffic Act) and a violation of the Road Traffic Act (or a without a license) and a violation of the Road Traffic Act with heavier punishment;

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.

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