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(영문) 광주지방법원 순천지원 2017.07.12 2017고단1108
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On May 10, 2010, the Defendant received a summary order of KRW 3,000,000 as a crime of violating the Road Traffic Act (drinking driving) from the Gwangju District Court's Netcheon Branch on May 10, 201, and on July 8, 2015, the Defendant was sentenced to imprisonment for 6 months and 2 years of suspended execution.

On May 1, 2017, the Defendant, without a driver’s license of a vehicle around 14:05, driven a C Poter vehicle not covered by the automobile mandatory insurance at approximately 2 km section from the Do in front of the mountain village located in the area of Goung-gun to the front road of the Heung-gun, under the influence of alcohol content of 0.169% during blood.

As a result, the Defendant violated the prohibition of drinking without a driver’s license on two occasions, driving a vehicle which was not covered by a mandatory motor vehicle insurance under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, summary order, and copy of the judgment;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile which is not covered by mandatory insurance);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the same Act (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes).

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