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(영문) 춘천지방법원 2018.04.19 2017고단1216

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 November 22, 2017, the Defendant driven a C rocketing car under the influence of alcohol content of about 0.224% from the 400 meters alcohol level on the front of the Chuncheon steel niverson, which is located on the roads of the Chuncheon-si Fympon at the time of Chuncheon, up to the road located on the 13th day of the Fympon in front of the said niverson.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of the said rocketing car.

No owner of any motor vehicle shall operate any motor vehicle which is not covered by mandatory insurance.

Nevertheless, the defendant operated the car without mandatory insurance at the date, time, and place of the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of alcohol, making a statement on the circumstances of drivers of alcohol, and applying Acts and subordinate statutes governing non-performance of mandatory insurance;

1. Relevant Article of the Act concerning the facts constituting an offense, and Articles 148-2 (2) 1 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 a vehicle which is not mandatory insurance and the choice of imprisonment);

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [to the extent that the punishment is added up to the aggravated concurrent crimes resulting from a violation of Road Traffic Act, the punishment for which is heavier than the punishment, and the maximum term of the punishment for each crime];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend the Republic of Korea appears to have been repented while the Defendant confessions all of the instant crimes, and the fact that the instant crime appears to have not occurred to another person due to the crime, etc. is favorable to the Defendant.

In addition, even though the defendant was sentenced to a fine due to the driving of light drinking in 2017, the crime of this case is committed.