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(영문) 수원지방법원 안산지원 2018.08.07 2018고단2199

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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 May 28, 2018, the Defendant driven a non-registered motor vehicle under the influence of alcohol level of about 0.323% while under the influence of alcohol leveling from around 300 meters to around 88, 200, without obtaining a motor device driver’s license for a bicycle in the section of approximately 300 meters from the middle of the loan of the member of Ansan-si, Ansan-si to the street 100 in the center of the Gu.

2. A person who violates the Guarantee of Automobile Damage Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, but the defendant operated a non-registered two-wheeled motor vehicle on a road at the date, time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of drinking control measurement;

1. Notification of an unqualified motor vehicle;

1. Application of Acts and subordinate statutes as a result of inquiry;

1. Article 148-2 (2) 1, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 154-2 (2) 2, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile which is not mandatory insurance);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence 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 Criminal Act on the suspended execution;

1. The crime of this case on the ground of sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is likely to prevent the defendant from driving a motor bicycle under the influence of alcohol, without a license or without an insurance.

However, the defendant's alcohol concentration among the blood of this case is extremely high as 0.323%, and is driving under the previous influence of alcohol.