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(영문) 대전지방법원 2017.03.23 2016고단4565

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment 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 October 28, 2016, the Defendant was under the influence of alcohol leveling 0.060% from blood alcohol level around October 21, 201, the Defendant driven a vehicle B, in the direction of approximately 3km from the front of the apartment house in Sejong-si, Seoul Special Self-Governing Province, to the front of the entrance of the same Eup located on the road in front of the apartment house in the Sejong Special Metropolitan City, Sejong Special Self-Governing Province, to the front of the entrance of the said Eup.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant operated B automobiles without mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

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

1. Relevant Article of the Act concerning the facts constituting an offense, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating cars which are not mandatory insurance and the choice of imprisonment);

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. Article 62 (1) of the Suspension of Execution Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Procedure (Article 62 (1) of the same Act on the following grounds: (a) the Defendant has committed the instant crime; (b) the Defendant has no traffic accident caused by drinking alcohol driving; (c) the blood alcohol concentration was not significantly high; and (d) the Defendant has no criminal record exceeding a fine; (b) the Defendant has been punished three times due to drinking driving, etc. in favor of the Defendant; and (c) the Defendant has been punished three times in favor of the Defendant, under normal circumstances favorable to the Defendant; and (d) the Defendant’s age, sex, environment, motive, means

1. The Criminal Act, such as the protection and observation, community service, and community service order;