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(영문) 춘천지방법원 원주지원 2019.06.12 2018고단1320
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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 19:20 on November 14, 2018, the Defendant driven an Esckn vehicle without obtaining a driver’s license under the influence of alcohol level of 0.138% at a section of about 70 meters from the front of the road located in the Gangwon-do Crossing-gun B to the road near D.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall drive any motor vehicle on the road which is not insured;

Nevertheless, the Defendant operated the said E-Scar car which was not covered by mandatory insurance at the date, time, and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the register of driver's licenses, mandatory insurance, and investigation reports;

1. Application of statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (2) 2, Articles 44 (1), 152 subparagraph 1, and 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 stay of execution (including confession, absence of criminal records of a stay of execution or more, and circumstances in which the detention of the defendant is accompanied by excessive difficulties for his dependants);

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