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(영문) 수원지방법원 안산지원 2014.06.24 2014고단881
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 07:39 on April 23, 2014, the Defendant driven B New franchise XG car while under the influence of alcohol content of 0.149% without obtaining a driver’s license from the street in front of the upper road in Ansan-si, Ansan-si, Ansan-si to the upper 28th street in Ansan-si.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the owner of B New XG car, driven the said car without mandatory insurance at the same time and place as the above paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Registers of driver's licenses;

1. Application of the mandatory insurance policy and the Acts and subordinate statutes of the hostile bureau;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 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 criminal facts;

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. In light of the fact that the defendant, for the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order, was able to have been punished for drunk driving even before, and again committed the crime of this case, and that there was a risk of causing serious damage to the victim due to the occurrence of a traffic accident by failing to purchase mandatory insurance, the defendant shall be punished strictly. However, the defendant shall be sentenced to punishment by taking into account all the circumstances such as the confession and reflect of the crime, his age, family relationship, living environment, etc.

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