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(영문) 전주지방법원 군산지원 2014.10.08 2014고단584
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 16, 2007, the Defendant was issued a summary order of a fine of five million won or more due to a violation of the Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court on July 16, 2007, and a fine of three million won or more due to a violation of the Road Traffic Act (driving) at the Jeonju District Court on July 16, 2013. However, on June 14, 2014, the Defendant driven a shower car while under the influence of 0.121% of the blood alcohol concentration on the two-meter portion of the road of the Hasan movable-si, the Hasan District Court at the Jeonju District Court on July 16, 2013.

2. Around 23:00 on June 13, 2014, the Defendant driven a shower car without a vehicle driver’s license in a section of about 100 meters from the Defendant’s house located in the Do in the Republic of Korea to the front road of the Gyeongpo-si located in the same Dong, and on June 14, 2014, around 01:10 on June 14, 2014, the Defendant driven a shower car without a vehicle driver’s license in a section of about 2 meters prior to the front road of the Hapo-dong, North Korean movable Property, North Korea-Japan.

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of a shower car.

No owner of an automobile shall operate any automobile which has not been covered by mandatory insurance.

Nevertheless, the Defendant operated the said car that was not covered by mandatory insurance at the time and place specified in Paragraph 2, twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Registers of driver's licenses and mandatory insurance policies;

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 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 Code among concurrent crimes.

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