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(영문) 대전지방법원 논산지원 2016.03.15 2015고단511
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. On July 27, 2015, the Defendant driven a non-registered 49CC message under the influence of alcohol content 0.249% while under the influence of alcohol while under the influence of alcohol, without obtaining a bicycle license, from around about 20 meters in the section of approximately 20 meters from the roads in front of the Namnam Agricultural and Industrial Complex in the Sung-dong, Sung-dong, Sung-dong, Pyeong-si, Seogsan, Seogsan, to the road in front of the said 20-meter.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) was a person holding Oral Ba as set forth in paragraph (1) above; (b) operated the above Oral Ba, which was not covered by mandatory insurance, around the above day.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident scene photograph;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes to the motor vehicle driver's license ledger and mandatory insurance inquiry certificate;

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating an automobile on which the mandatory insurance is not carried) concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (refluence of favorable circumstances among the reasons for sentencing as follows) is that at the time of the instant crime, the Defendant’s blood alcohol concentration is very high, and the Defendant was punished for multiple types of crimes, but the Defendant’s mistake is against himself/herself, and the period of 30 years.

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