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(영문) 대전지방법원 논산지원 2019.01.15 2018고단446
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 16:15 on May 17, 2018, the Defendant driven a FObba, without obtaining a license for a bicycle driver’s license for a breath alcohol content from the DNA agency to E apartment from the front side of the Cwast station located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnamnam-si.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the F. M.O. owner.

No motor vehicle owner shall operate a motor vehicle that has not been covered by mandatory insurance.

Nevertheless, the Defendant operated Obama without purchasing mandatory insurance at the date, time, and place mentioned in paragraph (1) above.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. Report on investigation results;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Each imprisonment with prison labor (the second conviction committed even before the same kind of punishment, and the fact that the blood alcohol concentration is high);

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 (no person for a criminal offense exceeding a fine) shall be suspended from execution;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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