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(영문) 대전지방법원 천안지원 2017.09.14 2017고단938
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 16, 2017, the Defendant: (a) violated the Road Traffic Act (divated driving) and the Road Traffic Act (divated driving) (divated driving) driving a Clux car in the state of alcohol alcohol concentration of about 15 km from the front of a cafeteria in the Blux-si in the city of Asan-si to the front day of the same city of the Clux-type passenger car at around 0.366% under the influence of alcohol level in blood without a driver’s license.

2. Although a person violating the Guarantee of Automobile Compensation Act should operate a vehicle with a mandatory insurance coverage while operating a motor vehicle, the Defendant 1 driven the vehicle with a mandatory insurance coverage at the same time, place, and without a mandatory insurance coverage.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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 Code of the Order to Attend a lecture has already been punished by a fine due to drinking over three times, and the fact that drinking is driven under the influence of alcohol level of 0.366% during the blood transfusion is disadvantageous to the defendant, or that the defendant is recognized as committing an offense, and there is no record of punishment heavier than the fine, etc., which are favorable to the defendant.

In these circumstances, the defendant's age, sex, environment, motive, means, and results.

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