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(영문) 춘천지방법원 강릉지원 2015.10.21 2015고단821
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. On July 26, 2015, at around 20:35, the Defendant driven a number 4km in the state of alcohol alcohol concentration of 0.185% while under the influence of alcohol without a motorcycle driver’s license, from the front side of the Yungdong Yung-dong, Seocheon-dong, Seocheon-dong, to the entrance and road of the first apartment in the same city.

2. The Defendant who has not mandatory insurance is a holder of non-performance of mandatory insurance.

In spite of the fact that the Defendant was unable to operate a road on which a mandatory insurance was not bought, the Defendant operated the said private car that was not covered by the mandatory insurance, as described in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the State-employed drivers, reports on the statement of the situation of the State-employed drivers, reports on the state-employed drivers, driving photographs, registers of driver's licenses, and mandatory insurance associations;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act; Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. 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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