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(영문) 수원지방법원 평택지원 2017.09.20 2016고단1127

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 January 31, 2007, the Defendant was sentenced to a summary order of one million won or more as a crime of violating the Road Traffic Act at the Incheon District Court on January 31, 2007; on August 2, 2010, the Incheon District Court received a summary order of 2.5 million won or more as a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on August 2, 201; on August 25, 2016, the Defendant was sentenced to a suspended sentence of 10 months or more as a person sentenced to a suspended sentence of 2 years or more as of September 2, 2016.

1. Although the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (Dless Driving) had been punished for driving under the influence of alcohol on two occasions as above, the Defendant again driven B cargo without obtaining a driver’s license in the direction of about 50 kilometers from May 18, 201 to about 0.6 kilometers from the 125-11, Seo-gu, Seo-gu, Incheon Metropolitan City, Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, 125-11 (Ying-gu), Seo-gu, Seo-gu, Seo-gu, Seoul, Seo-gu, Seoul, to the 190-6 km away from the 190-6 km away from his/her blood alcohol level.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of B trucking freight.

On May 18, 2016, the Defendant driven the above cargo without mandatory insurance at the point 290.6 kilometers from the front day of Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, to the 125-11 (Yancheon-dong), Seo-gu, Incheon, to the 16:4 kilometers away from the front day of the 125-11 (Yancheon-do).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement under the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Making teas;

1. Inquiry into each mandatory insurance;

1. Each photograph;

1. Previous convictions: The application of the defendant's legal statement, inquiry letter, each disposition, previous convictions and results confirmations, to reported Acts and subordinate statutes;

1. Article 148-2(1)1, Article 44(1) of the Road Traffic Act (in cases of driving under drinking), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (in cases of driving without a license), Article 46(2)2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (in cases of driving under a mandatory insurance) concerning criminal facts;