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(영문) 전주지방법원 정읍지원 2018.06.12 2018고단53
도로교통법위반(음주운전)등
Text

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

except that the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 8, 2018, the Defendant was under the influence of CIT I 100 cc under the influence of alcohol concentration of about 0.063% without obtaining a bicycle driver’s license from the Defendant’s residence located in Jung-Eup at Jeong-Eup, around 19:04 to the front road of his/her car supplies located in 189 in the center of the same city.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, who owned the said CITI 100 Oba, operated the said Oba, which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Registers of driver's licenses (No. 17) and mandatory insurance (No. 18);

1. Application of statutes on site photographs;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2 and Article 43 (the point of driving without a license) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, concerning the facts constituting an offense;

1. Punishment for any violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment for any violation of the Road Traffic Act and any violation of the Road Traffic Act (non-licenseed driving), and a punishment for any violation of the Road Traffic Act with more severe punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act [Aggravation of concurrent crimes with punishment prescribed for a crime of violation of the Guarantee of Compensation for Loss of Motor Vehicles, of which punishment is heavier];

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment shall be determined by comprehensively taking into account various factors of sentencing, such as the protection and observation, community service and order to attend a lecture, the conditions of sentencing under Article 62-2 of the Criminal Act and the types of automobiles operating, the age, occupation and environment of the accused; and

The value of alcohol concentration among favorable normal blood is relatively low.

Defendant reflects on crimes.

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