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(영문) 광주지방법원 2017.09.14 2017고단3313
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a B car in violation of the Road Traffic Act and the Road Traffic Act;

On June 27, 2017, the Defendant was under the influence of alcohol content of 0.133% in blood, and was under the influence of alcohol content of 0.13% in Gwangju National Land Management Office, the Defendant received safety facilities in the victim’s land management office in Gwangju National Land Management Office, where he was under the influence of alcohol, while driving the 22-line mountain intersection of the 8-ro in Yong-gun, Nam-gun, Nam-gun, Nam-gun, Nam-gun, Nam-gun, Jeonju as the legal surface of the road from Gwangju Sea.

Ultimately, the Defendant was driving while under the influence of alcohol as above, and damaged the safety facilities for the management of victims by occupational negligence to repair the safety facilities equivalent to KRW 4,808,00.

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

The Defendant operated the said car without mandatory insurance at the above date, time, and place.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. All on-site photographs;

1. Mandatory insurance certificate;

1. Statement of the circumstances of the driver involved in driving;

1. Application of the written estimate statutes;

1. Relevant legal provisions of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the selection of imprisonment with prison labor), Article 151 of the Road Traffic Act (the occupation of destroying property from negligence and the selection of imprisonment without prison labor), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act and the main sentence of Article 48 (2) of the Guarantee of Automobile Compensation Act (the occupation of operating automobiles which are not mandatory insurance, and

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that there exists a record of being punished once due to driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act, however, there is no record of crime exceeding fines, reflects the fact that there is no record of crime, alcohol concentration during blood, degree of damage to damaged facilities, driving distance, the defendant's age, sexual behavior, environment, background of the crime, circumstances after the crime, etc. are shown in the arguments of this case.

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