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(영문) 의정부지방법원 고양지원 2015.05.07 2014고단2101

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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

1. Around 22:50 on August 21, 2014, the Defendant driven a C vehicle while under the influence of alcohol content 0.214%, without a driver’s license, in the direction of approximately 3km from the street in front of the “Yansan-dong “Yansan-dong,” Seog-gu, Yongsan-gu, Busan-si, the day from the street on the same day to the street on the front day of the 195-4, Pari-si, Pari-si, Pari-si, the day from around 23:05 on the same day.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of C vehicle.

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

Nevertheless, at around 22:50 on August 21, 2014, the Defendant driven a vehicle mentioned in the preceding paragraph, which was not covered by mandatory insurance at the section of about 3 km of the 195-4 meters from the right side of the 3km-si, Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-si to the front side of the same day at around 23:05 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of the Korea Consumer Insurance Act and subordinate statutes to report the circumstances of driving on the drinking house, driver's license inquiry,

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, Article 43 of the same Act concerning criminal facts, Article 46 (2) 2, and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades between the crimes of violating the Road Traffic Act at the time of displaying and the crimes of violating the Road Traffic Act;

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 (within the scope of adding up the long-term punishments of two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of applicable sentences under law: Imprisonment for six months to two years;