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(영문) 광주지방법원 순천지원 2015.10.30 2015고단1774

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On August 24, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Gwangju District Court’s net support on August 24, 2007, and was sentenced to a fine of four million won for the same crime in the same court on October 25, 2010.

1. On August 21, 2015, the Defendant driving a B Poter under the influence of alcohol with a blood alcohol concentration of 0.171% from the two kilometers section of approximately two kilometers to the front day of the front labal of the original walk, shot, shot, mar, and cafeteria-Eup, Bosung-gun, Bosung-gun, Seoul, without a driver’s license, on August 21, 2015.

2. Notwithstanding the fact that anyone who violates the Guarantee of Automobile Accident Compensation Act is prohibited from operating a motor vehicle on a road which has not mandatory insurance, the defendant operated the motor vehicle without mandatory insurance in the date and section stated in paragraph (1);

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, and report on the results of regulating drinking;

1. Report on circumstances of driving without a license and the register of driver's licenses;

1. Mandatory insurance policies;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (the same previous records and reports of a suspect), application of statutes on judgment;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, 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 imprisonment with prison labor chosen;

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. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;