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(영문) 서울북부지방법원 2016.11.24 2016고단1042
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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. Around 17:30 on January 4, 2016, the Defendant driving a motorcycle without a license plate in the state of alcohol alcohol concentration of 0.289%, at a section of about 100 meters from the Do in the Jung-gu Seoul Metropolitan Government, to the same road as “elimo-distance” in front of the same “elimo-distance”.

2. No owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the above motorcycle that the Defendant had, at the date, time, place, and place stated in Paragraph 1, who did not have mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry about the results of the control of drinking driving;

1. Application of Acts and subordinate statutes notifying an unqualified motor vehicle;

1. Relevant Act concerning criminal facts: Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act; Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act; and the main sentence of Article 8 (Appointment of Imprisonment);

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

1. Taking into account the fact that the defendant has no criminal records of suspended execution or heavier punishment for the same crime as the defendant for sentencing under Article 62 (1) of the Criminal Act

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