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(영문) 대구지방법원 포항지원 2019.03.21 2018고단1555
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 22, 2018, the Defendant: (a) driven a stove without a license for a motorcycle while under the influence of alcohol 0.113% of the blood alcohol concentration at around about 10km from the front of the building on the 18:20 on the 20th of October, 2018, the Defendant driven a stove without a license for a motorcycle while under the influence of alcohol 0.113%.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the holder of the Oral Ba as set forth in paragraph (1), operated the said Oral Ba which was not covered by mandatory insurance at the time and place set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, the ledger of driver's licenses, and the application of Acts and subordinate statutes of mandatory insurance;

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 of 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 (in consideration of the fact that there are criminal records that a fine of four times has been sentenced due to the driving of sound, driving without obtaining a license, etc.);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution [Considerations, etc., taking into account the fact that traffic accidents have not occurred due to the operation of this case, and that there is no record of criminal punishment heavier than the suspended execution];

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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