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(영문) 광주지방법원 2019.07.04 2018고단4115
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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. From around 19:30 on August 17, 2018, the Defendant was driving a c 100 occin in a state of under the influence of alcohol content 0.309% without obtaining a driver’s license from the Defendant’s house located in Yong-gun, Young-gun to the “D” restaurant located in C from around 30 meters in the front of the Defendant’s house located in Young-gu, Young-gu, Seoul.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated the unregistered C& 100 Oral Ba, which was not covered by mandatory insurance, at the same time, at the same place and place as the above Paragraph 1.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Reports on occurrence of traffic accidents, reports on the circumstantial statements of drivers, written consent to blood transfusion, and notification of the results of the regulation of drinking driving;

1. A written appraisal of blood alcohol;

1. Registers of driver's licenses;

1. Each photograph;

1. Application of Acts and subordinate statutes to the investigation report (Report on the status of an employer driver);

1. Article 148-2 (2) 2, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019); Article 154 subparagraph 2, and Article 43 of the Road Traffic Act; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant confessions to the investigative agency and reflects his mistake.

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