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(영문) 수원지방법원 2017.11.30 2017고단4954
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

On July 2, 2017, the Defendant driven BMW car that was not covered by mandatory insurance without obtaining a driver’s license from around 04:00 to around 36, 138, from the front day of the YN, which was inciting the right line at Suwon-si, to the front day of the arm’s length-ro 138, namely, the transfer of the arm’s length-ro at the same time, and without obtaining a driver’s license from around 1km-ro 0.148.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement report;

1. A site for notification of the results of regulating the driving of drinking and measuring instruments;

1. Investigation report (report on calculation of alcohol concentration in blood);

1. Screening pictures of respective mandatory insurance;

1. Application of Acts and subordinate statutes on license ledger;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Insurance Act (the point of operating an automobile which is not mandatory insurance);

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act, and the punishment provided for a violation of the Road Traffic Act, of which punishment is heavier);

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 heavy punishment)

1. Article 62 (1) of the Criminal Act (amended by Act No. 1014, Mar. 1, 201);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[ favorable circumstances] The Defendant, who led to the confession of each of the instant crimes, recognized his mistake, and the Defendant was revoked on September 6, 2016, and the Defendant was a traffic accident.

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