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(영문) 광주지방법원 목포지원 2017.02.03 2016고단1560

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On January 16, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) from March 6, 2009 to the same support on March 6, 200, and a summary order of KRW 6 million for a crime of violating the Road Traffic Act (drinking driving) from the same support on November 11, 2015 to the same support.

[2] The Defendant was punished on two or more occasions due to driving of alcohol, but on September 17, 2016, at around 00:05, Defendant 1 driven B multi-use truck that was not covered by mandatory insurance without obtaining a driver’s license in the section of approximately 1.5km from the 1.5km, which was located in the Sinpo City of Mapo City, to the roads near the Sinpo City of Mapo City of Mapo City of 0:05, to the Dok High School located in the Mapo City of Mapo City of Mapo City of 1.5 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on actual condition, report on the circumstances of the driver of the main driving, appraisal report on alcohol during blood, and inquiry into the results of crackdown on drinking driving;

1. (A), mandatory insurance inquiry (A), and details of revocation of driver's license (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reporting (Attachment of summary order);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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 reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures lies in the fact that the Defendant was punished three times due to the violation of the Road Traffic Act.