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(영문) 대전지방법원 논산지원 2018.01.30 2017고단630
공기호부정사용등
Text

A defendant shall be punished by imprisonment for 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

1. On September 12, 2017, the Defendant was under the influence of alcohol at approximately 8 kilometers in the eight kilometers of alcohol concentration from the front day of Yansan-si to the front day of Yansan-si, Yansan-si, B, to the front day of the Yansan-si, Yansan-si, and the Defendant was under the influence of alcohol at KRW 0.196 percent in the state of under the influence of alcohol.

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 was driving the Oral Sea as stated in Paragraph 1, which was not covered by mandatory insurance at the time and place mentioned in Paragraph 1.

3. The Defendant, who illegally uses air defense, was in possession of the Defendant at the early May 2, 2017, Husan City B.

49 시시 효성 랠리 오토바이 번호판인 C 번호판을 행사할 목적으로 피고인의 제 1 항 기재 오토바이에 부착하여 공 기호를 부정하게 사용하였다.

4. The Defendant, at the time and place specified in paragraph 1, exercised the air defense that was illegally used by the Defendant, who used the number plate C as described in paragraph 1, at the time and place specified in paragraph 3.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Inquiry into mandatory insurance (C);

1. Application of the Acts and subordinate statutes on photographic data;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking, the choice of imprisonment), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle with no mandatory insurance, the choice of imprisonment), Article 238 (1) of the Criminal Act (the point of non-use of official marks), Article 238 (2) and (1) of the Criminal Act (the case of non-use of illegal air)

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 suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, such as an order to attend a lecture and an order to provide community service.

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