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(영문) 서울중앙지방법원 2017.08.16 2017고단4188

도로교통법위반(음주운전)등

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

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

Reasons

Punishment of the crime

1. On September 19, 2012, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (drinking driving) at the Seoul Northern District Court (Seoul Northern District Court) and four million won for the same crime at the Seoul Central District Court on November 14, 2013.

피고인은 2017. 1. 14. 05:30 경 혈 중 알콜 농도 0.125% 의 술에 취한 상태로 서울 강남구 논현동 소재 ‘ 짱이 네’ 주점 앞 도로에서부터 같은 동 경복아파트 사거리까지 약 1km 구간에서 B 아우 디 승용차량을 운전하였다.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant operated the car amount without mandatory insurance at the above time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Stackers for drinking control and drinking measuring instruments;

1. Inquiry into mandatory insurance;

1. Previous convictions: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 48-2 (1) 2 and Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, and Article 8 of the Guarantee of Automobile Compensation Act, and selection of imprisonment, respectively;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;