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(영문) 수원지방법원 평택지원 2017.03.30 2016고단2244
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 October 13, 2016, the Defendant: (a) driven a motor device license of approximately 0.100 percent of alcohol while under the influence of alcohol on the front of the road in Ansan-si B on October 13, 2016; (b) driving of a motor device at approximately 5 meters, without obtaining a motor device license.

2. The Defendant in violation of the Guarantee of Automobile Compensation for Damages is a holder of the DV125 Orala.

In spite of the fact that the owner of a motor vehicle is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, the defendant driving the motor vehicle on the date and place specified in paragraph 1, and the above 5 meters of the motor vehicle which is not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving, the ledger of driver's licenses, and the application of mandatory insurance-related Acts and subordinate statutes;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of failing to purchase mandatory insurance);

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

1. Selection of imprisonment with prison labor chosen;

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

1. The crime of this case is not good in light of the fact that the instant crime was committed, even though there were a number of records, including the suspension of the execution of imprisonment, due to the observation of protection, the reason for sentencing of Article 62-2 of the Criminal Act, drinking of alcohol, and driving without a license.

In consideration of the fact that it is a crime that drives a two-wheeled vehicle in a rural area, the health condition is not good, and the driving is not possible again, community service, etc. shall not be added and a sentence of imprisonment shall not be imposed.

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