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(영문) 수원지방법원 성남지원 2017.06.20 2017고단861
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 11, 2017, the Defendant was driving a unregistered two-wheeled vehicle ( model name: GaWASASKI VUCN), 500, Gapo KUC 598C 498C 498C ) under the influence of alcohol while under the influence of alcohol at approximately 300 meters in the mother market distance in the fri-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, Seoul, without a driver's license for a vehicle in the direction of 200 meters.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

The Defendant owned a two-wheeled automobile as stated in paragraph (1) and operated the two-wheeled automobile, which was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Investigative reports (verification of suspect's failure to mandatory insurance, photographs of suspect's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver'

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant committed the crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act for observing protection and attending lectures.

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