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(영문) 전주지방법원 정읍지원 2019.06.13 2019고단17

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 December 30, 2018, the Defendant: (a) driven a C rocketing car in a section of about 25 km from around the frequency of the trade name in a ebscopic ebscopic ebscopic 0.123% under the influence of alcohol on December 30, 2018 to the roads in front of the village B in the ebscopic ebscopic ebscopic eb

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, without purchasing mandatory insurance, operated the said rocketing car at the time, place, and place indicated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the on-site evidence of a traffic accident;

1. Mandatory insurance data;

1. Application of Acts and subordinate statutes to reports on detection of drivers, reports on the statement of the status of drivers, and investigation reports;

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;

1. The defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, is driving a vehicle without mandatory insurance even though he/she had a record of being punished by a fine of 202 and 2013 due to drinking alcohol.

The traffic accident has caused.

However, the fact that the defendant is trying to scrap and stop driving the vehicle again, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the conditions of all kinds of sentencing as shown in the argument of this case, such as the circumstances after the crime, shall be determined in the same manner as the order.