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(영문) 대전지방법원 논산지원 2019.01.29 2018고단317
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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. On June 6, 2018, at around 01:23, 201, the Defendant driven a CIT ACE-bab in a section of approximately 200 meters from the front road located in Chungcheongnam-si, Chungcheongnamsan to the front road of the same city, with a blood alcohol concentration of about 0.165% under the influence of alcohol.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of the CIT I ACE Epia under paragraph (1) above.

No motor vehicle owner shall operate a motor vehicle that has not been covered by mandatory insurance.

Nevertheless, the Defendant failed to purchase mandatory insurance at the time and place mentioned in the above Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes for investigation reports (not so-called 'free registered soil contamination report');

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) 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. Imprisonment with prison labor chosen to punish the offender (the person recommits the offender even before the same type of punishment);

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 (no person shall have been convicted of less than ten years before the suspension of execution, nor shall he drive, or did not have any accident);

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

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