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(영문) 춘천지방법원 2018.05.15 2018고단298
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 26, 2018, the Defendant driven a motor bicycle with approximately 0.071% alcohol concentration at the direction of the convenience store located in the Switzerland-si, Chuncheon-si, the head of the Defendant, on March 26, 2018, driven a motor bicycle with approximately 1.4m alcohol concentration at approximately 0.071%, while under the influence of alcohol at the direction of the convenience store located in the Chuncheon-si, Chuncheon-si, the head of the Defendant driven a motor bicycle with approximately 100 obane without a motor bicycle license.

2. No owner of any motor vehicle violating the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on drinking, inquiry about the results of crackdown on drinking driving, reply to requests for appraisal, ledger of driver's license, and application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 148-2 (2) 3, Article 44 (1) 2, Article 154 (1) 2, and Article 43 of the Traffic Act concerning facts constituting an offense, and the main sentence of Article 46 (2) 2, and the main sentence of Article 8 of the Act on the Guarantee of Automobile Compensation;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of a sentence of imprisonment with prison labor (with prison labor for the defendant, even though he/she was punished by a fine due to driving under drinking, etc. in 2005, 2010, and 2016, consideration of the fact that he/she again committed the instant crime

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 Code of the Suspension of Execution (Article 62(1) of the Criminal Code (Article 62(1) of the Criminal Code (Article 62(1) of the Criminal Code provides that the defendant should not commit the same crime, the defendant should support his family, the defendant's age, environment, health conditions, circumstances after the crime, etc.

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