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(영문) 광주지방법원 목포지원 2019.04.30 2018고단1159
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above imprisonment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 2, 2018, the Defendant driven D 97.1CC CIT100 Obaba in a state of under the influence of alcohol 0.135% while under the influence of alcohol without obtaining a motorcycle driver’s license from a section of approximately 2 km from the front of the former Yong-gun Cancer B market to the front of the same military road.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, which was not covered by mandatory insurance at the time and place specified in paragraph (1), operated the said CITI100 Oba.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. The credit bureau and the mandatory insurance bureau (D, A);

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation report (at the time of accident, calculation of suspect blood alcohol concentration);

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment provided for in the provisions of Articles 40 and 50 of the Road Traffic Act between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license) and the crimes of violation of the Road Traffic Act with

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

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the Defendant was sentenced to a fine of two million won due to an unlicensed driving in 201, and that he purchased and operated otobbbs without mandatory insurance in the state of non-licenseed license, and that the blood alcohol content exceeds 0.1% is disadvantageous.

However, the village residents appeal for the preference in consideration of the defendant's wife's attitude of living, etc., and the circumstances leading to the crime of this case shall be considered as favorable circumstances.

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