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(영문) 대전지방법원 천안지원 2019.05.29 2018고단2154

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

The defendant, at the Incheon District Court on March 19, 2007, is a fine of 1.5 million won for the crime of violation of the Road Traffic Act (driving) at the Incheon District Court on March 19, 2007, and " May 31, 2007" as stated in the indictment on May 1, 2007 is a clerical error.

The Incheon District Court was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving).

1. Around 05:30 on March 17, 2018, the Defendant violated the Road Traffic Act (driving a sound driving) driven the said car by driving the said car after approximately two meters away from the road front of the C Child Care Center located in Asan City B while under the influence of alcohol by 0.123% of the blood alcohol concentration.

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;

On March 16, 2018, from around 23:00 to March 05:30, 2018, the Defendant operated DK5 automobiles not covered by mandatory insurance in the two Dong-dong, Nam-gu, Dong-gu, Dong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Mandatory insurance policies;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (report attached to the same criminal records and summary orders);

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 sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is that the defendant, who had been punished for the violation of the Road Traffic Act on two occasions, driving a motor vehicle without mandatory insurance policy under the influence of alcohol, was not present in the court even though he knows that the trial of this case is in progress, and the defendant is against the law.