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(영문) 전주지방법원 2012.10.26 2012고합219
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On July 15, 2012, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) driving license on July 23:14, 2012. On the same day, the Defendant driven B rocketing car while under the influence of alcohol by 0.214% from the section of approximately 1.5 kilometers from the section of the 1.5 kilometers of the blood alcohol content to the front road of the parking lot located in the same city as the front road in the front of the parking zone in the Jeon-si Kim Jong-dong in the Jeon-si Kim Jong-dong on the same day.

2. While the Defendant is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance for violating the Guarantee of Automobile Accident Compensation Act, the Defendant operated the B rocketing motor vehicle quantity owned by the Defendant at the date and place indicated in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Detailed details of the driver's license;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (Amended by Act No. 11369, Feb. 22, 2012);

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades under Articles 40 and 50 of the Road Traffic Act and those under the Road Traffic Act);

1. Selection of each sentence of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; and Article 62 (1) of the same Act (see, e.g., Article 62 (1));

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

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