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(영문) 춘천지방법원 2015.09.24 2014고단56

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On September 14, 2006, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) by the Chuncheon District Court. On June 12, 2007, the same court was sentenced to a fine of 1 million won for the same crime, etc., and on April 24, 2013, the Defendant was sentenced to a suspended sentence of 2 years for a period of 8 months for the same crime at the Incheon District Court.

1. From around 01:15 on December 6, 2013, the Defendant driven a motor vehicle without a driver’s license, while under the influence of alcohol at approximately 4km section to the point of Busan located in the Central Highway located in the Chuncheon-si Port from around 01:15 on December 6, 2013 to the point of 382.7km in the same city.

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

The Defendant operated the freight truck that was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Inquiry into the results of the control of drinking driving, the register of driver's licenses, and mandatory insurance;

1. Previous convictions: Application of Acts and subordinate statutes, such as criminal records and written judgments;

1. Article 148-2 (1) 1, Article 44 (1) (the point of driving a person who is subject to drinking not less than twice), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) 2, and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015);

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes of violation of the Road Traffic Act and of violation of the Road Traffic Act);

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments in the crimes of bilateral crimes);

1. Discretionary mitigation Criminal Act;