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(영문) 청주지방법원 충주지원 2013.11.01 2013고단534

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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. On August 9, 2013, the Defendant was under influence of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) around 01:57, the Defendant driven Bmasaw car at the section of about 300 meters from the 300-meter to the surburling in front of the mutual insurging surging, in a state of under influence of the blood alcohol concentration of 0.205% without a driver’s license.

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

Notwithstanding the fact that the Defendant was unable to operate a motor vehicle not covered by mandatory insurance, the Defendant operated the said motor vehicle at the above time and place without mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the status of the driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, 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 concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant recommits the instant crime even before two times of the same kind, and again commits the instant crime; the purport of the amendment of the Road Traffic Act to strengthen the degree of punishment for drunk driving and unlicensed driving; and without purchasing mandatory insurance.