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(영문) 서울중앙지방법원 2018.12.10 2018고단6750
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On July 6, 2009, the Defendant received a summary order of KRW 3 million from the Seoul Central District Court to a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking driving), and a fine of KRW 2.5 million due to a violation of the Road Traffic Act (drinking driving) from the Suwon Friwon on November 9, 201, and on December 8, 2014, to a fine of KRW 7 million due to a violation of the Road Traffic Act (drinking driving).

1. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of BMW523i car.

On June 17, 2018, from around 23:59 to 00:00 the following day, the Defendant operated the said car without mandatory insurance from the front day of the Dong-dong private parking lot located in 73:30-gil, Seocho-gu, Seoul, Seocho-gu to the front day of the Seocho-gu elementary school located in 178, which is located in 178, from the front day of the Dong-dong private parking lot.

2. The Defendant is a person who has been punished for a violation of the Road Traffic Act (unlicensed driving) and the Road Traffic Act (drinking driving) on at least two occasions. On June 18, 2018, around 00:36, the Defendant driven a BMW523i-car under the influence of alcohol concentration of 0.058% during blood alcohol level, without obtaining the driver’s license from the Dong private parking lot located in 73:30, as Seoul Seocho-gu, Seocho-gu, Seoul, to the front day of the elementary school, and without obtaining the driver’s license from the Dong private parking lot located in 73:30, as Seocho-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous conviction: Three copies of summary order and the application of Acts and subordinate statutes as the result of inquiry;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages (the point of operating a mandatory insurance) of the relevant Act;

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. Reduction of a small amount;

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