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(영문) 광주지방법원 장흥지원 2017.06.15 2017고단70
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 11, 2017, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without drinking), driving a stobane without a license for a motor device bicycle at around 17:04, in the state of under the influence of alcohol of 0.151% during blood transfusion, the Defendant driven a stobane without a license for a motor device at approximately 160m from 160 to 3km during the former road.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, driving an Oral Ba, which was not covered by mandatory insurance at the above date, time, and place, as the owner of Oral Ba, without the above serial number plate.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, reports on the circumstances of drivers of drinking, notification on the results of crackdown on drinking driving, the ledger of driver's licenses for automobiles, and the application of Acts and subordinate statutes governing mandatory insurance;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking alcohol), Article 154 subparagraph 2, Article 43 (the point of driving without a license for motor device) of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 (the point of operating a motor vehicle which is not mandatory insurance) of the relevant Act on the grounds of criminal facts;

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-licensed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a more severe punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (Aggravation of concurrent crimes with punishment prescribed for a violation of Road Traffic Act with more severe punishment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.

The elements of favorable sentencing are recognized by the defendant.

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