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(영문) 수원지방법원 여주지원 2018.08.08 2018고단465

도로교통법위반(음주운전)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

[criminal history] On November 26, 2010, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving of Drinking) in the leisure support of Suwon Flag Flag on November 26, 2010, and by receiving a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving of Drinking) on July 5, 2016 at least two occasions, such as receiving a summary order of KRW 4 million, respectively.

[Criminal facts]

1. On May 9, 2018, the Defendant was driving a vehicle at C's 14:32, while under the influence of alcohol concentration of 0.231% in blood while under the influence of alcohol leveling 0.231% on the front side of the road of 55-20 ocheon-si, in front of the road of 2936 ocheon-si, without a driver's license of a motor vehicle.

2. Although a person violating the Guarantee of Automobile Compensation Act is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, the defendant, at the time and place specified in paragraph 1, has driven a motor vehicle on the ground of C Review C which is not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Measurement of drinking, vehicle photograph;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Investigation report (CCTV), CCTV photographs and images;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, and an investigation report (two cases of conviction records for drinking driving);

1. Article 148-2 (1) and (1), Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the 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 insurance vehicle);

1. The crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes are crimes of violation of Road Traffic Act.