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(영문) 인천지방법원 부천지원 2018.11.23 2018고단2360
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for seven months.

The prosecution against the violation of the Road Traffic Act among the charges of this case is dismissed.

Reasons

Punishment of the crime

The Defendant is a driver of a new car B who is a new car.

1. On August 4, 2018, the Defendant was under the influence of alcohol content of 0.150% in blood without a driver’s license on August 4, 2018, the Defendant driving the said vehicle from a dancer affiliated with a D cafeteria located in Kimpo-si C to approximately 10 meters in approximately 10 meters in front of the said restaurant.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the said car without being covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The written victim involved in the E traffic accident;

1. The scene of the accident and photograph of the accident vehicle;

1. The ledger of driver's licenses of motor vehicles and the register of motor vehicles;

1. Inquiry into mandatory insurance;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking) of the Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Damage Compensation Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 (Punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving), and punishment as a violation of the Road Traffic Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes by concurrent crimes as to the crimes of violating Road Traffic Act] The circumstances favorable to the defendant for sentencing (the recognition of each of the crimes of this case) (the fact that his responsibility is recognized while recognizing each of the crimes of this case), unfavorable circumstances [the fact that the blood alcohol concentration was high at the time of the crime of this case, the defendant caused a traffic accident during drinking and without a license, and the defendant.

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