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(영문) 서울남부지방법원 2018.04.19 2017고단6085

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

On September 4, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Jeonju District Court on September 4, 2012, and a summary order of KRW 3 million for the same crime at the same court on March 2, 2015, respectively.

On September 27, 2017, around 07:50, the Defendant driven CM5 vehicle not covered by mandatory insurance in the state of alcohol concentration of about 0.154% from the 4km section from the Defendant’s house located in Yangcheon-gu Seoul Metropolitan Government to the road of about 730-314, Gangseo-gu, Seoul Metropolitan Government.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and drives the said car on the road without mandatory insurance in the state of being drunk.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of an offender, a report on the situation of the driver in charge, a report on the situation of the driver in charge, a report on the results of regulating the driver in charge of drinking, and a report on the

1. A written appraisal of alcohol during blood;

1. Inquiry into information on non-performance of mandatory insurance;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, report on investigation (the previous conviction and confirmation thereof) by statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (referred to driving under drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and selection of imprisonment with labor, respectively;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggregate of the maximum penalty and the maximum penalty specified for a crime of violating Road Traffic Act with heavier punishment shall be four years];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures (the selection of punishment, reduction of the amount of punishment, suspension of execution, etc.) is five criminal convictions of the same type, such as drinking, and three of them are due to drinking driving, and the alcohol concentration in blood is 0.154%.