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(영문) 대구지방법원 의성지원 2017.11.23 2017고단283
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 5, 2017, without obtaining a license for a motor device bicycle for 0:05, the Defendant driven a 100cc diabane with no number plate attached to mandatory insurance at approximately 500 meters away from the village in the west-dong, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun to 11.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and an accident scene photograph;

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 to the ledger of driver's licenses;

1. Article 148-2 (2) 1, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 154-2 (2) 2, 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 Act (the point of operating a motor vehicle which is not mandatory insurance);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment provided for in the crimes of violating the Road Traffic Act, between the crimes of violating the Road Traffic Act, the crimes of violating the Road Traffic Act (unlicensed Driving), and the crimes of violating the Road Traffic Act);

1. Selection of each sentence of imprisonment;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Act on the Reduction of Small Quantity are as follows: (a) the Defendant, with no license, was driving otobs without mandatory insurance under the influence of alcohol level of 0.270%; (b) the Defendant caused a traffic accident while driving otobs without mandatory insurance; and (c) the Defendant committed the instant crime in the same kind of crime without any reflective force despite a large amount of force of punishment for traffic-related crimes; and (d) the Defendant committed the instant crime without the same type of crime; and (b) the Defendant’s possibility of repeating the crime is bad; and (c)

However, the defendant's mistake is recognized, and the defendant's age, sex, environment, the circumstances, means and results of the crime of this case, and other circumstances after the crime.

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