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(영문) 수원지방법원 안산지원 2016.04.22 2016고단342
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

1. On January 2, 2016, the Defendant: (a) driven B cargo vehicle under the influence of alcohol concentration of 0.220% in alcohol during blood transfusion without a driver’s license in the 7km section from the front of the 4-lane 21 Sinsan Sinsan City, a member of the Gu of Ansan-si, around 22:00 on the same day to the front of the 14-day comprehensive market of the 14-day city in Ansan-si; (b) the Defendant driven B cargo vehicle under the influence of alcohol concentration of 0.220% in alcohol during blood transfusion, without a driver’s license.

2. No owner of an automobile violating the Guarantee of Automobile Compensation for Loss shall operate any automobile with no automobile covered by mandatory insurance;

On January 2, 2016, the Defendant owned B Poter Cargo, and operated the said Poter truck, which was not covered by mandatory insurance, from around 7 km to around 14 km to the first general market in Ansan-si around the same day from around 21:40 to around 22:0 to around 462 as the center of the members of Ansan-si, the central office of the members of Ansan-si around 22:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

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 the motor vehicle driver's license ledger and mandatory insurance-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2), and Article 8 of the Guarantee of Automobile Compensation for Damages, and Selection of Imprisonment, respectively, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant is a vehicle that has had been punished twice due to drinking, but has not been insured again, and driving without a license.

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