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(영문) 의정부지방법원 2015.02.17 2014고단3260
도로교통법위반(음주운전)등
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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 of the final judgment.

Reasons

Punishment of the crime

On August 4, 2014, the Defendant, as a holder of BF small and medium-sized BF e.g., which is owned by the Bank of Bank and ADB, was driving the said car without being subscribed to a mandatory insurance policy of 3 km from BF e.g., in the state of alcohol concentration of blood 0.339% under the influence of alcohol around August 4, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written appraisal of blood alcohol and a report on the detection of a drinking driver;

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

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each sentence;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2003Da1500,000,000 won as a result of a drunk driving in 2003, and the fact that there is no other penalty power, in addition to the punishment imposed for a fine exceeding 70,000 won as a consequence of a drunk driving in 2008);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Discretionary grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act to attend a law-abiding lecture [the order to attend a law-abiding lecture in order to prevent recidivism, considering the fact that the blood alcohol concentration of the instant case is very high and that there was the record of punishment for drinking driving as mentioned above];

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