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(영문) 광주지방법원 해남지원 2017.12.21 2017고단406

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On March 28, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating road traffic law in the Jeonju District Court’s Eup branch on March 28, 2007, and was sentenced to a fine of KRW 5 million for the same crime in the Southern Branch of Gwangju District Court on April 23, 2015.

[2] Although Defendant 1 had been punished for committing a violation of the Road Traffic Act (driving of alcohol) more than twice as above, Defendant 2 driven the B Cost Sheet, which was not covered by mandatory insurance with approximately 4 km and alcohol concentration of about 0.05% in the front of the road located in the front of the main cargo located in 11-15, Namdo Agricultural and Industrial Complex 1-5, Namdo-gun, Ydo-gun, Seoul, around October 2, 2017, from the front of the road in Eup to the front of the road in the 11-5 area of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of driving at home, report on the results of crackdown on driving at home, inquiry into the results of crackdown on driving at drinking, and inquiry into mandatory insurance (B);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, a written confirmation of investigation (A), a summary order, and three copies of a summary order;

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 a vehicle which is not mandatory insurance), and selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for each crime);

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. The reason for sentencing under Article 62-2 of the Criminal Act on the duty to observe protection and attend lectures was that the Defendant operated a vehicle without mandatory insurance under the influence of alcohol, even though he/she had a record of punishment several times due to drinking driving.

The defendant should be punished strictly.

However, the defendant reflects his mistake, and the alcohol concentration in blood.