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(영문) 제주지방법원 2016.05.26 2016고단180
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

On January 22, 2016, while under the influence of alcohol 0.125% during blood transfusion, the Defendant driven BVL150 Obs not covered by mandatory insurance on the 4km section of approximately 4 km from the road near the post office of the ticketing line to the front road of the quasi-effective industry located in the same Ri without obtaining a bicycle driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the situation of the driving of a driver and a report on the detection of the driver;

1. Investigation report (as to a response to alcohol appraisal results from the blood transfusion), and legal and chemical appraisal report;

1. Application of Acts and subordinate statutes to the motor vehicle driver's license ledger, inquiry into mandatory insurance, and inquiry into non-performance of mandatory insurance;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating the automobile on which the mandatory insurance is not carried) concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a more severe punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes by concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the sum of the long-term punishments of the above two crimes];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the protection observation and attending lectures are as follows: (a) the Defendant driving of the instant Otoba in the instant case without a license or mandatory insurance is two times as the crime of operating Otoba in the instant case, even though he did not have obtained a bicycle driver’s license for a motor device.

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