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(영문) 광주지방법원 장흥지원 2016.08.11 2016고단94

도로교통법위반(음주운전)등

Text

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 December 31, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Gwangju District Court's Seoul District Court's Seoul District Court's support, and a summary order of KRW 3 million for the same crime in the same court on November 4, 2015, respectively.

[2] On June 5, 2016, the Defendant: (a) was a person holding BB BV Oral Ba; (b) was driving the Pototob, which was not covered by mandatory insurance under the influence of alcohol with approximately 0.125% alcohol level, without obtaining a bicycle license from approximately 4km to the front road of the Cheong forest farm located in the village of Jinjin-gun, Jinjin-gun, Jinjin-gun, Jin-gun, Jin-gun, and the front road of the Do in the same Eup/Myeon located in the village of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the circumstances of driving at home, reporting on the situation of driving at home, notification of the results of crackdown on driving at drinking, ledger of driving license of a drinking measuring instrument, inquiry into the register of vehicle driving licenses, mandatory insurance, inquiry into information on non- mandatory insurance, notification of completion of correction, and inquiry into the results of crackdown on driving at drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes of investigation report (Attachment to a copy of a summary order);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., the reflective fact, and the same crime, considering that there is no past record of criminal punishment exceeding a fine);

1. An order to attend a course under Article 62-2 of the Criminal Act;