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(영문) 인천지방법원 2016.08.10 2016고단3091

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 August 9, 2015, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) driving a Crocketing car under the influence of alcohol of about 0.158% while under the influence of alcohol without obtaining a driver’s license from the Defendant’s house located in the Seo-gu Incheon, Seo-gu, Incheon, B, and 302 to the 15th day in the same household, Seo-dong.

2. Although the Defendant was prohibited from operating a motor vehicle on the road not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant operated the said rocketing motor vehicle without mandatory insurance as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the circumstances of a driver who takes driving, notification of the results of drinking control, inquiry into mandatory insurance, and application of statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 152 subparagraph 1, 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 for Damages;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 suspension of execution (see, e.g., Article 62 (1) of the Criminal Act);

1. An order to attend a course under Article 62-2 of the Criminal Act;