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(영문) 인천지방법원 2015.03.19 2014고단9272

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date the above judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 5, 2007, the Defendant received a summary order of KRW 3 million from the Incheon District Court Branch of the Incheon District Court due to a violation of the Road Traffic Act (refluence of measurement), etc. on April 16, 2008, a summary order of KRW 3 million for the same crime from the same court on April 16, 2008, a summary order of KRW 4 million from the same court on January 13, 2012 due to a violation of the Road Traffic Act (refluence), and a summary order of KRW 5 million from the same court on April 15, 2013 to the same court on April 15, 2013. The Defendant was sentenced to a summary order of KRW 5 million for the violation of the Automobile Accident Compensation Security Act as a penalty of KRW 5 million from the Incheon District Court Branch of the Incheon District Court on January 14, 2015.

【Criminal Facts】

1. On December 7, 2014, from around 22:28 to 23:20, the Defendant driving a vehicle owned by the Defendant without obtaining a driver’s license under the influence of alcohol content of 0.141% in a section of about 100 meters from the Incheon Medical Center parking lot located in the Incheon Medical Center, Incheon 217, to outside the hospital through the section inside the said hospital, and to enter the hospital again, and driving a vehicle owned by the Defendant without obtaining a driver’s license under the influence of alcohol content of 0.141%.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, operated the said automobile without mandatory insurance, within the same section of the said temporary border.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

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

1. Previous records of judgment: Application of criminal records, inquiry reports (a), investigation reports (Attachment to a summary order of the same type), dispositions, previous records, results of confirmation, and Acts and subordinate statutes;

1. Relevant Article 148-2 (2) 2 of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and Article 8 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes [the crime of violating the Road Traffic Act (the crime of running under the influence of alcohol)].