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(영문) 의정부지방법원 2014.07.29 2014고단311
도로교통법위반(무면허운전)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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant, as a holder of B-ro vehicle, is a person driving the said vehicle. At around 09:30 on November 5, 2013, the Defendant: (a) while under the influence of alcohol by 0.311% on blood alcohol, the Defendant was driving the said car without mandatory insurance; (b) while driving the said car, which was located in the front of the house located in 343/108 of the government-wide-dong 343, the Defendant was moving the front of the car into the front park at the seat of the government police station of the Gu-si, while neglecting the duty of front-time care while neglecting the operation of the steering system under the influence of alcohol; and (c) caused the damage of the said car to KRW 1,200,000 on the part of the victim C or another car parked on the road due to occupational negligence, which failed to operate the steering system properly.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Any driving driver, any certified copy of the measurement ledger, and any inquiry into the results of the regulation of drinking driving (the Ramarking formula);

1. License register and mandatory insurance;

1. Written estimate;

1. Application of the Acts and subordinate statutes of the practical survey report, field photographs, and investigation reports (demark formula);

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, Articles 152 (1) and 43 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

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

1. Selection of punishment, each of them shall be sentenced to imprisonment with prison labor for a violation of the Road Traffic Act, the Guarantee of Automobile Accident Compensation Act, and a sentence of imprisonment without prison labor for a violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The positive circumstances of sentencing of Article 62-2 of the Criminal Act for the provision of community service and lecture attendance order:

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