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(영문) 수원지방법원 2017.09.19 2017고단4443

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 5, 2016, the Defendant was issued a summary order of KRW 1,50,000,000 by a fine for a violation of the Road Traffic Act (drinking) with respect to a violation of the Road Traffic Act (drinking) at the Busan District Court’s Branch Branch Branch on February 5, 2016, and on February 19, 2016, a summary order of KRW 2 million was issued by the Seoul Central District Court for

On May 26, 2017, the Defendant driven BM3 motor vehicles under the influence of alcohol content of about 0.152% in blood while under the influence of alcohol from around 114-1 to around 85 meters away from the uppermost-ro 114-1, Annsan-si, Annsan-si, Sinsan-si, Annsan-si, Annsan-do.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of BM3 passenger cars.

No one shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the Defendant operated a passenger car that was not covered by mandatory insurance at the date and place specified in paragraph 1, and the summary of the evidence.

1. Statement by the defendant in court;

1. A written appraisal of alcohol among bloods;

1. A report on the detection of a driver working for the main place (No. 14 of evidence list);

1. Inquiry into mandatory insurance, and making a tea entry into the ship;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 of the same Act, Article 46 (2) 2 of the Guarantee of Automobile Compensation, and the main sentence of Article 8 of the same Act (the point of operating an automobile, the mandatory insurance of which is not mandatory insurance);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of two crimes specified for a crime of violating the Road Traffic Act with heavy punishment];

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62(1) of the Criminal Act (wholly favorable circumstances examined in the following) 1.