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(영문) 춘천지방법원 영월지원 2013.11.29 2013고단519

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 25, 2013, at around 02:50, the Defendant driven Bco-B-B-B-B-B-D Motor Vehicle while under the influence of alcohol concentration of approximately 0.180% in a section of about 200 meters from the road front of the Jin Chang-gu Jin Chang-gun, Gangwon-gu Jinwon to the road front of the Jinho-gu, Jinho-gu, Jinho-gun located in the same Do.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the automobiles indicated in Paragraph 1, which did not subscribe to the mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the results of crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the choice of imprisonment for each sentence;

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

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2003Do134, Feb. 23, 2004)) (see, 208Do134, Jan. 1, 200))

1. Probation and order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;