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(영문) 수원지방법원 성남지원 2018.02.09 2017고단2713
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 12, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license), without obtaining a motor bicycle driver’s license, while under the influence of alcohol level of 0.231% from the blood alcohol level of around 18:00 on June 12, 2017, and operated a motor motor bicycle with approximately 20 meters of the 20-meter section before the road is located in D at the Defendant’s residence located in Gyeongginam-si, and at the same time in D at the same time.

2. The Defendant in violation of the Compensation for Automobile Damage Act is the owner of the foregoing unregistered motor bicycle.

The defendant operated the above unregistered motor bicycle without mandatory insurance as stated in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 1, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 154-2 (2) 2, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile which is not mandatory insurance);

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

1. Selection of imprisonment with prison labor chosen;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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