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(영문) 대전지방법원 공주지원 2014.06.13 2014고단19

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the defendant shall be sentenced to the above punishment for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 13:00 on November 17, 2013, the Defendant driven B Poter cargo under the influence of alcohol concentration of about 0.273% without obtaining a driver’s license in a section of about 500 meters from the front side of the Public Medical Center in the city of Gongju to the front side of the bachelor’s distance in the same city.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act is the owner of B Poter Cargo, and even if he is prohibited from operating an automobile not covered by mandatory insurance, he operated the Poter without mandatory insurance at the time and place mentioned in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on detection of a drinking driver, a circumstantial report on a drinking driver, and a manual for control;

1. Screening of the registration of temporary driver's license and the register of driver's licenses;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes to a traffic accident report or traffic accident report (1, 2, and actual investigation report);

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 of the Road Traffic Act concerning the facts constituting the crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of each of the crimes as provided for in the heavier Crimes of Violation of the Road Traffic Act);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the accused among the following reasons for sentencing):

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows.