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(영문) 인천지방법원 2018.07.04 2018고단2720

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 4, 2007, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and on January 23, 2009, the Incheon District Court sentenced the Defendant to 8 months of imprisonment for a crime of violating the Road Traffic Act (drinking driving) and 2 years of suspended execution, and violated the Road Traffic Act prohibiting driving under the same Act on at least two occasions.

On March 23, 2018, at around 22:50, the Defendant driven a car under the influence of alcohol content of about 500 meters from the front of the post office located in the 3rd Dong-gu Incheon Metropolitan City, Nam-gu to the front of the 624 Old-gu, Seoul Metropolitan City, to the front of the 624 Old-gu, Seoul Metropolitan City, while under the influence of alcohol content of about 0.276%.

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

The defendant is a holder of a passenger car by borrowing G holder F.

The Defendant operated the said car without mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1.Court statements by the defendant;

1. Fact-finding reports on the driver's circumstances and inquiry about the results of crackdown on drinking driving;

1. References to requests for appraisal, references to tea, and references to mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on criminal investigation reports (reports on past convictions and results);

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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for the crime of this case is that the defendant, who had had been punished twice or more due to drinking driving, drives a motor vehicle under the influence of alcohol, is not less than that of driving a motor vehicle under the influence of alcohol, and the nature of the crime is not less than that of driving.