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(영문) 대구지방법원 서부지원 2014.02.11 2014고단34
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around 17:00 on December 30, 2013, the Defendant driven a B gallon vehicle under the influence of alcohol concentration of approximately 0.133% from the two kilometers section of the blood alcohol content to the Gacheon-ri, which is located in the Gacheon-ri of the same military, from the day front of the regallon’s line located in the Gacheon-ri of the same military, around 17:00.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a B gallon car.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the above automobile that was not covered by mandatory insurance, such as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. The actual condition survey report;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2, 44 (1) of the Road Traffic Act (the point of running a motor vehicle which is not mandatory insurance) and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating a motor vehicle which is not mandatory insurance);

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

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

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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