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(영문) 인천지방법원 2015.11.12 2015고단5937
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. On July 11, 2015, the Defendant was under the influence of alcohol level of 0.210% on blood alcohol level on July 17, 2015. On July 17:12, 2015, the Defendant driven a e-mail 100 Oroba, not covered by mandatory insurance at approximately 1km section from the front of Incheon Gyeyang-gu, Incheon Gyeyang-gu to the front road of the Incheon Gyeyang-gu, 43 Entertainment apartment.

2. The Defendant of an unlawful use of air defense and an unlawful use of air defense event had the intent to display and operate the number plate of the otobane, which was received from the land owner C, while traveling the above 100 obane without a license plate, on the above obane.

On July 11, 2015, the Defendant illegally used the registration number plate of air units by attaching D number plates to the above Oba, at the plastic greenhouse located in Gyeyang-gu Incheon Metropolitan City, Gyeyang-gu, Incheon, and exercised the air units illegally used by inging the above Oba in Incheon, from around that time to July 12, 2015.

Summary of Evidence

1. Defendant's legal statement;

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

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (compacting inquiries into details of compulsory insurance coverage);

1. Relevant provisions of Article 238 (1) of the Criminal Act for criminal facts, Article 238 (2) and (1) of the Criminal Act, Article 238 (1) of the Criminal Act, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Automobile Accident Compensation Act for criminal facts;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the initial crime and the fact that it reflects the depth of the crime);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

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