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(영문) 서울동부지방법원 2014.12.11 2014고단3490
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 31, 2014, the Defendant was driving a vehicle for gallon to B gallon without obtaining a driver’s license with a blood alcohol concentration of about 0.154% in the section of about 1km from the front day of the 266-1st century in Gwangjin-gu, Seoul Special Metropolitan City to the front day of the said galgular street from August 31, 2014.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road where mandatory insurance is not subscribed;

Nevertheless, the Defendant, as a holder of a gallon, operated the car directly, which is not covered by mandatory insurance at the same time and place as that of paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to reports on the statement of the status of a de facto driver, reports on detection of a de facto driver, and investigation reports (HE mark);

1. Article applicable to criminal facts;

(a) point of a drunk driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

(c) Operation of automobiles which are not mandatory insurance: Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment prescribed for the violation of the Road Traffic Act due to the crimes of violating the Road Traffic Act due to the driving of sound and without a license and the punishment on the crimes of violating the Road Traffic Act due to the heavier drinking);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for the crime of violating the Road Traffic Act due to a heavy drinking driving);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant with reasons for sentencing under Article 62-2 of the Criminal Act on probation shall be the defendant on May 17, 2004.

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