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(영문) 서울중앙지방법원 2018.02.07 2017고단8748
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 31, 2017, the Defendant driven a c 124cc obane while under the influence of alcohol without a motor device license for approximately 4 km in the section of approximately 0.168% of alcohol, from around 11:05, the Defendant driven a c 124cc obane while under the influence of alcohol of about 3 0.168% of alcohol without a motor device license, from around 11:05, the Do in front of the 340 KHro-ro, Gangnam-gu, Seoul, to the distribution distance of the entrance of the village in Seocho-gu, Seocho-gu, Seoul.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, driving a motor vehicle owned by the Defendant who did not subscribe to liability insurance at the same time and place as indicated in the preceding paragraph, and operated the motor vehicle on the road that did not have subscribed to mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Fact-finding survey report and report on the occurrence of any traffic accident;

1. A report on the measurement of drinking alcohol, a report on the detection of the driver involved in driving, a report on the circumstances of the driver involved in driving, and an investigation report (report on the circumstances of the driver involved in driving);

1. Application of the tea inquiry (No. 4 once a net time), the driver's license ledger, and mandatory insurance-related Acts and subordinate statutes;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of license for a bicycle-free driver) concerning facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance);

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. Determination of imprisonment with prison labor for the choice of punishment [the Defendant, even before the instant case, has been punished several times due to drinking driving, non-licensed driving, and mandatory driving of cars without mandatory insurance, repeats the same crime, and simultaneously, causes an accident while driving without a drinking license (which is not prosecuted).

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