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(영문) 대전지방법원 천안지원 2013.06.14 2013고단111

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

On January 7, 2013, the Defendant, while under the influence of alcohol 0.124% of blood alcohol level on January 23:40, 2013, driven a B-learning car not covered by mandatory insurance at a section of approximately 500 meters from the next Yannam-gu, Yandong-dong to the next road of terminal shooting distance in the same Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of traffic accidents;

1. Each traffic accident report;

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

1. A report on the actual state of the driver;

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

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment with prison labor, respectively;

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;

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;