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(영문) 수원지방법원 여주지원 2018.04.11 2018고단66
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 17, 2017, the Defendant driving a D car without obtaining a driver’s license in the direction of approximately 2.5 meters alcohol concentration 0.191% in blood, from the Defendant’s home located in Gyeonggi-gun, to the front day of the Korean house located in the new welfare, from the Defendant’s home located in Gyeonggi-gun, around 21:40 on November 17, 2017.

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 operated D Karen car which was not covered by mandatory insurance, as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the crackdown of a person who violates the Traffic Act on roads (driving a drinking or driving without a license);

1. A report on the detection of an offender;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes concerning a violation of Road Traffic Act, with heavier punishment, shall be aggravated);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant has a high risk of repeating a crime as he/she was punished for driving without a license.

In addition, the age, sex, environment, motive and background of the crime, circumstances after the crime, etc. of the defendant.

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