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(영문) 제주지방법원 2015.12.22 2015고단1374
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (driving without a license) was driven by the Defendant without obtaining a driver’s license, and on September 1, 2015, at approximately 300 meters from the front side of Seogpo City B through the front side of the same Eup/Myeon network intersection, from around 16:10 to the front side of the same Eup/Myeon network intersection, the Defendant driven a cargo vehicle with a gallon’s C gallon under the influence of alcohol content of 0.190%.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any vehicle on roads other than those prescribed by Presidential Decree, which is not covered by mandatory insurance;

Nevertheless, at around 16:10 on September 1, 2015, the Defendant driven a gallon vehicle owned by the Defendant on a water network intersection located in the Namwon-si, Namwon-si, Namwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driving of a motor vehicle;

1. Inquiry into the result of the crackdown on drinking driving;

1. The driver's license ledger;

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

1. Relevant Article of the Act on the Guarantee of Automobile Accident Compensation and the Selection of Punishment: Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of penalty: Selection of imprisonment with prison labor;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. Orders to put probation and attend lectures: The grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as the disposition, considering all of the following circumstances:

The favorable circumstances: The facts of the crime are recognized and reflected, and the driving distance is relatively short: The fact that there are two times the records of punishment of fines for the same kind of crime, and the blood alcohol concentration is very high.

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