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(영문) 인천지방법원 부천지원 2016.07.08 2016고단1322

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 20, 2008, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Road Traffic Act (drinking driving), etc. at the Suwon Friwon method, and was sentenced to a summary order of 2 million won for a violation of the Road Traffic Act (drinking driving) at the Seoul Southern District Court on October 11, 201.

1. On May 14, 2016, the Defendant: (a) driven a e-mail vehicle while under the influence of alcohol with approximately 0.104% alcohol concentration from the 2km section from the road of “BS fishery” located in the 388-dong, Young-si, Young-si, Seoul Special Metropolitan City to the road of approximately 2km-si, Seocheon-si to the road of approximately 2km-si, Seocheon-si; (b) around 17:5, 2016.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of B M&M vehicle.

have been insured by mandatory insurance.

No motor vehicle shall be operated on the road unless otherwise provided.

Nevertheless, the Defendant operated Ma B, which was not covered by mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. A traffic accident report, notification of the results of regulating drinking driving, report on the circumstances of drinking driving, a mandatory insurance inquiry, and a survey report on actual condition;

1. On-site photographs;

1. Application of an inquiry letter, such as criminal history, and a report on investigation (Attachment to the same final judgment, etc.) by statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), 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 the choice of imprisonment);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e., Supreme Court Decision 2009

1. Article 62 (1) of the Criminal Act (the same shall apply to the grounds for mitigation of the amount of punishment);