beta
(영문) 수원지방법원 안산지원 2016.07.19 2016고단1901

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On October 18, 201, the Defendant violated the Road Traffic Act (drinking) (drinking) was issued a summary order of KRW 1500,00,000,000 as a fine for a violation of the Road Traffic Act (drinking on drinking), and on November 14, 201, with the same offense in the same court.

On May 13, 2016, the Defendant driven B mixed-use car under the influence of alcohol content of about 0.183% in a section of approximately 1.5 km from the front of the Dong sports park to the front of the Dong sports park in Ansan-si, Dong, Dong, Dong, to the front of the 310th day before the 310th day.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, as a person who owns a B-friendly fish code car, operated the same vehicle that is not covered by mandatory insurance at the time and place of the foregoing paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Inquiry into information on non- mandatory insurance policy;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the 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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act, and all the conditions of sentencing as indicated in the records, such as the Defendant’s age, occupation, sex, environment, and the circumstances before and after the instant crime, the sentence like the order shall be determined.

In addition, a high risk of accident was driving, which was not mandatory insurance.

Two times of punishment for the same kind of fine.

In blood, alcohol concentration is high.