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(영문) 광주지방법원 2014.11.27 2014고단3762
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who has driven a Class C cargo vehicle.

On September 30, 2014, the Defendant was under the influence of alcohol of 0.092% with blood alcohol concentration around 15:25 on September 30, 2014, and was driving the said cargo at a distance of about 1 km from the roads before, before, on the management of the Pyeongtaek-ri farm in the Jeonyang-gun, Daejeon-gun.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the foregoing cargo vehicle which was not covered by mandatory insurance at the same time and at the same place as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Application of the Acts and subordinate statutes of each mandatory insurance policy;

1. Relevant provisions of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each type of crime (including a number of records of suspended execution due to drinking driving twice the past two times by the accused, taking into account of a number of drinking records including the records of suspended execution due to drinking driving);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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