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(영문) 광주지방법원 순천지원 2017.10.26 2017고단701

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. A crime committed on April 8, 2017 [201st order 701st order] The Defendant driven a Cschtonton vehicle without a motor vehicle driver’s license in the direction of approximately 0.104% alcohol concentration from the section of approximately 1km to the front road of the Lin apartment located in the same Sindong in the same Sindong, in the direction from the front of the Pung apartment in the Pung-dong in the Pung-si, Pung-dong on April 8, 2017.

2. The crime committed on July 6, 2017 (Seoul High Court Order 1884)

A. On July 6, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drawing without a license) driving a vehicle without obtaining a driver’s license for a vehicle under the influence of alcohol content of about 0.190% from the 1km section of the 1km to the front road of the luxing bus bars, instead of the vehicle from the luxing luxing on the luxing road in the awning-dong at the time of drinking water to the end of the luxing bus.

B. A person violating the Guarantee of Automobile Compensation Act was prohibited from operating a person who was not covered by mandatory insurance, but operated the said car as a person holding Csch Rexton car, who was not covered by mandatory insurance at the same time and place as the preceding paragraph.

Summary of Evidence

[2017 Highest 701]

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. A driver's license inquiry letter (2017 Height 1884);

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Evidence and photographs of the traffic accident;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

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

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 suspended execution;

1. The defendant's history of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to attend lectures, and the order to provide community service order