beta
(영문) 대구지방법원 서부지원 2013.10.21 2013고단973

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 14:40 on March 25, 2013, the Defendant operated a section of approximately 1 km in front of the budget bridge of the same Eup/Myeon in front of the Busan-gun, Seongbuk-gun, Seongbuk-gun, by driving Batob while under the influence of alcohol by 0.227% of the blood alcohol concentration, without a motorcycle driver’s license on March 14:40.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated a two-wheeled automobile, which is a two-wheeled automobile not covered by mandatory insurance at the same date and time as stated in Paragraph 1, and operated approximately 1 km section in front of the budget bridge of the same Eup/Myeon in front of the Sung-gun, Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, Seongbuk-do.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;