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(영문) 광주지방법원 2015.10.29 2015고단3259

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[criminal power] On July 2, 2010, the Defendant was sentenced to a fine of KRW 700,000 to a fine of KRW 700,000 for a violation of the Road Traffic Act at the Gwangju District Court on May 2, 201, a fine of KRW 700,000 for the same crime at the same court on May 2, 201, and a fine of KRW 2.5 million for the same crime at the same court on August 18,

【Criminal Facts】

1. On July 22, 2015, the Defendant driving a CCA10 motorcycle at the section of approximately 1.5 km from the half-gu bridge located in the Jeonsung-gun, Sungsung-gun, Sungsung-gun to the front road in the same Eup under the influence of alcohol by 0.102% of the blood alcohol concentration without obtaining a driver’s license on July 14:48, 2015.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act driving a motorcycle as stated in paragraph (1), which was not covered by mandatory insurance, at the time and place stated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control results of drinking driving, the register of driver's licenses, and mandatory insurance;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to the same attached records);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that an order to attend a lecture has a record of being punished several times due to driving without drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act: Provided, That there is no previous record exceeding a fine, and the age and age of the accused;