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(영문) 서울북부지방법원 2018.03.29 2017고단5238
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 5, 2009, the Defendant was sentenced to a fine of two million won due to a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court on the road traffic on November 5, 2009, and was sentenced to a fine of four million won due to a crime of violating the Road Traffic Act (driving) at the Seoul Northern District Court on July 18, 2017.

On October 15, 2017, at around 19:10, the Defendant driven the B124C Banbb, while under the influence of alcohol 0.238% of alcohol while under the influence of alcohol without a motor device license, from around 3km to the new oil station located in Seoul, Nowon-gu, Seoul, to the 328th century.

As a result, the Defendant violated the prohibition clause on driving under the influence of alcohol twice, and drives a motor vehicle under the influence of alcohol again in violation of this provision.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of B 124C Round.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the above date, time, and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary 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, investigation report (Attachment, such as a copy of the judgment);

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation 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, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

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

1. Suspension of execution;

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