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(영문) 인천지방법원 부천지원 2018.12.13 2018고단2531

도로교통법위반(음주운전)등

Text

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 July 6, 2018, the Defendant was driving a bicycle with a 50CC motor device that was not registered under the influence of alcohol level of 0.171% in alcohol level of 0.171% in blood, without obtaining a bicycle driver’s license from around 300-24 in the direction of the 300-30-24, Seocheon-si, Samcheon-si, Samcheon-si, Samcheon-si, 300-si, Samcheon-si, 309, Samcheon-si, 300-34, 300-24.

2. The Defendant, who violated the Guarantee of Automobile Compensation Act, was an owner of a motor device and bicycle specified in paragraph 1, who was not registered, operated the motor device and bicycle without mandatory insurance at the time and place specified in paragraph 1 at approximately 2 km.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of the occurrence of the case, notification of the result of regulating drinking driving, statement of the situation of the driver of the drinking, report of the situation of the driver of the drinking and report of the situation of the driver without licenses;

1. The driver's license ledger;

1. Application of the photographic Acts and subordinate statutes;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of driving a motor vehicle which is not mandatory insurance);

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. 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. An order to attend a lecture or circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: It is necessary to strictly punish the order in light of the risk of drinking driving.

The alcohol concentration among the blood of this case is 0.171% and considerably high.

The police officer will check the Defendant in order to sound and sound a light while driving the Obain.