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(영문) 전주지방법원 정읍지원 2016.12.15 2016고단468

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, 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 13:20 on September 13, 2016, the Defendant driven a b100cc ambane while drunkly under the influence of 0.263% of alcohol level without obtaining a driver’s license from the front side of the intersection road located in the 281 Si/Eup/Eup/Myeoncambro-do, to the front side of the tin high-speed village located in the same Sicambro-do road, from the front side of the intersection road located in the same Sicambro-si.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a person who has B 100cc lebane.

Although the defendant is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance, he/she operated the motor vehicle without purchasing mandatory insurance at the date, time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The employer's report on actions and response to requests for appraisal;

1. Registers of driver's licenses;

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

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) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

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. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances, such as the fact that he commits an error and the fact that he commits a compliance operation);

1. Probation, Article 62-2 of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;