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(영문) 광주지방법원 목포지원 2014.10.13 2014고단1091

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 28, 2007, the Defendant was sentenced to a fine of 3 million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on November 28, 2007. On May 4, 2010, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the wooden Branch of the Gwangju District Court on May 4, 2010. On February 7, 2013, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) and was sentenced to a suspended sentence on February 15, 2013.

On June 27, 2014, at around 18:35, the Defendant driven a DUPPPPER LAD (SUPD) Oral part, which was not covered by mandatory insurance, at approximately 2.5km from the section of approximately 0.202% of blood alcohol content to the intersection of the side-side tunnels, as from the front of Hegposi Island, in front of Hegposisi Island to the lepo City, as in a white year.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Mandatory insurance policy;

1. Investigation reports (Attachment of attached judgments on the same kind of power);

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of a sentence, and the provision of Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of failing to subscribe to mandatory insurance and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. In light of Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation (hereinafter the following grounds for sentencing), it is inevitable to sentence the Defendant to a sentence, in light of not only the Defendant, while driving under the influence of alcohol again during the period of suspension of execution, but also driving without mandatory insurance.

However, in consideration of the fact that the defendant's mistake is recognized and reflected, the defendant's age, character and conduct, family relationship, etc., the punishment against the defendant shall be mitigated and determined as the order.