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(영문) 대전지방법원 2015.01.28 2014고단4072
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 October 14, 2014, the Defendant driven C49CC under the influence of alcohol with approximately 150 meters alcohol level 0.081% while under the influence of alcohol, without obtaining a motorcycle driver’s license from the roads near the main road in the Dong-dong of Daejeon-gu, Daejeon to the roads outside the main road in the Dong-dong of Daejeon-dong.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) the owner of a motor vehicle, who owns the above Oral Ba and was not covered by mandatory insurance, operates the said motor vehicle on the road, by operating the Oral Ba which was not covered by mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the primary driver, and report on the actual state of the driver;

1. Registers of driver's licenses;

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

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 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. The punishment provided for in Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the purpose of aggravated concurrent crimes (Aggravation of concurrent crimes with the punishment prescribed for the violation of the Guarantee of Automobile Accident Compensation Act with heavier punishment);

1. Article 62 (1) of the Criminal Act (The following grounds for sentencing and the conditions of sentencing under Article 51 of the Criminal Act shall be taken into account):

1. Order to attend lectures and order to provide community service;

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