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(영문) 수원지방법원 성남지원 2017.09.20 2016고단3138
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On September 28, 2016, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (Dless Driving) on the following occasions: (a) on September 28, 2016: (b) on the road in front of a cafeteria cafeteria cafeteria located in the Jung-gu, Sungnam-si; (c) on the same day, the Defendant driven a vehicle under the influence of alcohol leveling 0.213% of alcohol level while under the influence of alcohol leveling 0.213%, without obtaining a driver’s license, from the road in front of a cafeteria cafeteria cafeteria cafeteria cafeteria cafeteria cafeteria located in Sungnam-gu, Sungnam-si; and

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not mandatory insurance;

Nevertheless, the defendant operated the two-wheeled automobile which was not covered by mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 148-2 (2) 1, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 154-2 (2) 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 Compensation Act (the operation of an automobile which is not mandatory insurance);

1. Crimes under Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (it is between a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act);

1. Selection of each sentence of imprisonment with prison labor (to take into account many criminal records in the same type of crime, avoidance of punishment and escape, etc., and to take into account all the age, sex, environment, motive and background of the crime, and circumstances after the crime, as shown in the record);

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;

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