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(영문) 광주지방법원 순천지원 2017.12.15 2017고단1741
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, at around 21:53 on August 14, 2017, the Defendant driven a BF car not covered by the mandatory insurance in the state of alcohol content 0.249% at a distance of about 1km from the front day of the Geumjin-gun's Geumjin-gun's Geum-gun's New Village to approximately 20-35 front roads of the same area.

Accordingly, the defendant operated a motor vehicle not covered by mandatory insurance in a drunken state on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes regarding 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 drinking alcohol), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile not covered by mandatory insurance), and each choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On the grounds of sentencing under the main sentence of Article 62(1) of the Criminal Act, the punishment to prevent re-offending shall be determined by taking into consideration the unfavorable circumstances, such as the fact that the defendant's blood alcohol concentration is high at the time of the instant crime, the favorable circumstances, such as the recognition and reflect of the defendant's crime, and the age, family environment, and driving distance of drinking, etc.

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