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(영문) 인천지방법원 2016.08.10 2016고단2908
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 10, 2016, the Defendant was under the influence of alcohol content of 0.207% in blood at around 18:30 on May 10, 201, the Defendant driven a 200-meter B car from a restaurant in which it is impossible to identify the trade name around the Bupyeong-dong Bupyeong-gu Incheon Metropolitan City Bupyeong-gu Bupyeong-gu Bupyeong-dong, to the front day of the 29 “Large-dong-dong-dong-dong-dong-ro.”

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;

Nevertheless, the Defendant, at the time and place specified in Paragraph 1, driven the car without mandatory insurance as mentioned above.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on detection of drivers engaged in the primary business and a mandatory insurance inquiry (19 pages of investigation records);

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

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. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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