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(영문) 수원지방법원 2017.01.26 2016고단5951

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above imprisonment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 5, 2016, the Defendant appears to be in writing to have violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drawing driving).

21:15 On the other hand, at the same time, driving without registration 49c, under the influence of alcohol content of about 0.213% of alcohol while under the influence of alcohol without obtaining a motor device license from approximately 3 km section from the front side of the influent high water in the south of the wife population to the front side of the 456 Gero, dong-ro 456.

2. The Defendant is a person who has an objection against the registration 49cc.

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

Nevertheless, the defendant operated the above Oba, which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the Motor Vehicle Report, traffic accident occurrence report, detection report of a primary driver, and the ledger of driver's licenses;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, and the main sentence of Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Articles 40 and 50 of the Criminal Act and the choice of a sentence, and the choice of imprisonment, respectively;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) was that the Defendant operated a motor device bicycle without a license while under the influence of alcohol.

B. ASEAN did not subscribe to mandatory insurance.

In addition, the responsibility is significant in that there is a history of punishment of fine due to the same crime.

On the other hand, the fact of crime is recognized and wrong.

A letter of application was submitted from the neighboring person to the preference.