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(영문) 대전지방법원 홍성지원 2013.11.27 2013고단708
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 20:00 on July 29, 2013, the Defendant driven BM5 vehicle volume under the influence of alcohol by 0.205% from the roads before the construction of the Jeju Fence in the Gocheon-gu Seoul Metropolitan City, Chungcheongnam-do to the roads before the high-speed elementary school in the same Ri.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act was a person who is the owner of a BM5 car, and driving the said car without mandatory insurance at the time and place specified in paragraph 1 above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. On-site photographs;

1. A report on detection of each host driver;

1. Statement on the circumstantial statement of the employee;

1. Inquiry into the enemy;

1. Mandatory insurance policies;

1. Written response to the results of appraisal;

1. Application of Acts and subordinate statutes to the investigation report (Calculation of Madmark);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose a penalty (the point of running a motor vehicle, the choice of imprisonment), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating a motor vehicle which is not mandatory insurance and the choice of imprisonment);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes of violating the Road Traffic Act with heavier punishment)

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Circumstances in which the following reasons for sentencing are described):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (restatement of the reasons for the suspended sentence) is that the Defendant committed the instant crime at another time at the same time, even though he had had been sentenced to a fine due to the same kind of crime of violation of the Road Traffic Act, etc. on two occasions, and that the blood alcohol concentration at the time is considerably significant, etc., which are disadvantageous to the Defendant, or that the Defendant appears to be contrary to the Defendant’s confession of the instant crime.

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