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(영문) 전주지방법원 정읍지원 2017.03.16 2016고단612

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has violated Article 44(1) of the Road Traffic Act two or more times, including a person who has been sentenced to a suspended sentence of imprisonment for six months on March 18, 2008 due to a violation of the Road Traffic Act (drinking driving), and a person who has held B rocketing cars (owner) by committing a crime under Article 44(1) of the Road Traffic Act, which was sentenced to a suspended sentence of two years on October 16, 201.

1. On December 3, 2016, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drawing without a license) driving a motor vehicle, without obtaining a driver’s license on around 18:50 on December 3, 2016, the Defendant driven the 500-meter strawing vehicle from the road front of the “Modern Manpower” located in the Go Chang-gun, Chang-gun, Chang-gun to the road front of the “Modern Manpower” located in the same Eup, while under the influence of alcohol content 0.10%.

2. The Defendant, who violated the Guarantee of Automobile Compensation Act, was holding the said rocketing passenger cars and was prohibited from operating the said rocketing passenger cars on the road, which are those not covered by mandatory insurance. However, the Defendant, as indicated in the foregoing paragraph 1, operated the said rocketing passenger cars on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on the circumstances of the driver who takes the driving of the driver and output the details of using the measuring instruments for drinking;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (cases regarding the history of recidivism);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment of any violation of the Road Traffic Act and any violation of the Road Traffic Act, which are heavier between the crimes provided for in Articles 40 and 50 (the punishment of any violation of the Road Traffic Act and any violation of the Road Traffic Act without permission);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.