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(영문) 서울서부지방법원 2018.06.12 2018고단901

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six 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 August 20, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Seoul Southern District Court, and on June 27, 2016, the Seoul Southern District Court issued a summary order of KRW 1.5 million for a crime of violating road traffic laws.

[Criminal facts]

1. On February 9, 2018, the Defendant violated the Road Traffic Act (divated driving) driving a vehicle B with the blood alcohol concentration of about 0.091% under the influence of alcohol on the part of approximately 3 kilometers from the French-dong Seoul Metropolitan Government to the front of Eunpyeong-gu, Eunpyeong-gu to the unification of Eunpyeong-gu, Seoul, the Defendant driven a vehicle with B, while under the influence of alcohol at around 0.091%.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated B low-priced car without mandatory insurance at the date, time, and place in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Investigation report (verification of mandatory insurance not covered by the motor vehicle);

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

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not mandatory insurance), 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. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;