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(영문) 광주지방법원 2014.12.18 2014고단3920
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 10:48 September 20, 2014, the Defendant driven a 1 kilometer C lutob in front of the IM convenience store located in Gwangju-gu, Gwangju-gu, without a motorcycle driver’s license, while under the influence of alcohol at around 0.148 percent of blood alcohol level.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of Oral Ba.

The Defendant, at the same time and time, operated the foregoing Oral Ba, which did not purchase mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes listed in the circumstances report of a drinking driver, report on detection of a drinking driver, the ledger of driver's licenses, and mandatory insurance associations;

1. Relevant provisions of Article 148-2 (2) 2, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (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 with prison labor (referring to drinking alcohol and criminal records, and considering the occurrence of traffic accidents due to driving under the influence of this case, etc.);

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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