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(영문) 전주지방법원 남원지원 2018.08.07 2018고단115
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

On April 23, 2018, at around 22:20, the Defendant driven a passenger car with C, the alcohol concentration of which is 0.208% under mandatory insurance without obtaining a driver's license from the area of approximately 50 meters around the same 99-day roof to the same 108-dong apartment house in the same city with the same roof 95, from the southnam-si roof 99, the Defendant driven a passenger car with C, which is not covered by mandatory insurance without obtaining a driver's license from the area of the 50-meter metropolitan apartment in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Inquiries about mandatory insurance (C) the application of statutes;

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. 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-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes by concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of both crimes) provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act concerning the aggravation of concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors are repeated for sentencing on the grounds of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant had a record of having already been punished twice due to drinking driving, and that the defendant again committed the crime of driving without a license for drinking alcohol without mandatory insurance even though the driver's license of the motor vehicle has been revoked, is disadvantageous to the defendant.

However, it is against the defendant.

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