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(영문) 광주지방법원 2017.12.12 2017고단4513

도로교통법위반(음주운전)등

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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 25, 201, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on April 25, 201, and on December 15, 201, a summary order of KRW 2 million for the same crime from the Changwon District Court through the Changwon District Court on December 15, 201.

On September 16, 2017, while under the influence of alcohol level of 0.223% among blood transfusion around 05:50, the Defendant driven a BP car not covered by mandatory insurance at approximately 1 km section from the happy road near the Seo-gu, Seo-gu, Gwangju to the Korean church parking lot located in the same Dong.

As a result, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle that was not covered by mandatory insurance under the influence of alcohol.

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. Inquiry into mandatory insurance;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not mandatory insurance), and selection of imprisonment, respectively;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The Defendant committed the instant crime even though he/she was punished as stated in the judgment on driving under drinking, and eventually caused a traffic accident due to drinking, etc.

B. favorable conditions: The defendant's acknowledgement of the crime of this case reflects his mistake and there is no record of punishment heavier than suspended sentence due to drinking driving.