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(영문) 광주지방법원 2015.11.26 2015고단4080
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a holder of B cargo truck.

At around 19:00 on August 31, 2015, the Defendant driven B Poter Cargo not subscribed to mandatory insurance in the state of alcohol 0.251% in a section of about 1km from the front of the Nonghyup Bank located in 68, Jink-gun, Haak-gun, Gink-gun, Gink-gun, Gink-gun, Gink-gun, Gink-gun, 1829 to the front road of the “Nink-si,” located in 1829.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

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

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the choice of imprisonment for each sentence;

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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant, who had been punished once for drunk driving in 2010, once again drives under the influence of alcohol; (b) the Defendant’s blood alcohol concentration is very high; and (c) the Defendant paid a traffic accident due to the instant drunk driving.

On the other hand, the fact that the defendant has no more penalty power than a fine, and that the defendant would not drive the vehicle again while disposing of the vehicle, etc., is favorable.

The punishment shall be determined as ordered in full view of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, health condition, circumstances after the crime, and circumstances after the crime.

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