beta
(영문) 의정부지방법원 2019.03.08 2018고단4858

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On February 22, 2018, the Defendant was issued a summary order of KRW 2.5 million by the Seoul Northern District Court due to a violation of the Road Traffic Act (driving). On August 10, 2016, the Defendant was issued a summary order of KRW 5 million with the same offense at the Seoul Western District Court.

1. On October 24, 2018, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) driving a C Ecoo motor vehicle under the influence of alcohol concentration of 0.181% without a motor vehicle driver’s license within a section of approximately 500 meters from the influence of the Nam-si, Namyang-si to the front road of the Namyang-si.

2. No owner of any motor vehicle violating the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road unless mandatory insurance is subscribed;

Nevertheless, the defendant operated the Ecoos car in Paragraph 1 that is not covered by mandatory insurance at the same time and place as the written in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (the fact that a person has been punished for drunk driving at least twice);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, 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;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are the same kind of crimes, such as drinking, non-licenseing, refusal to measure drinking, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., even before the defendant committed multiple times.