logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2016.04.06 2015고단1722
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 February 6, 2015, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (drinking driving) and a fine of four million won for the same offense in the same court on September 17, 2014, respectively in the Gwangju District Court’s net support.

On May 17, 2015, at around 16:45, the Defendant driven C M&A while under the influence of alcohol content of about 0.220% while under the influence of alcohol without a driver’s license, from around 34:0 to the road in the vicinity of the “Yeung Village,” which is around 200 meters in front of the 34:0 Doll of Goung-gun, Goung-gun.

2. The Defendant in violation of the Guarantee of Automobile Compensation for Damages is a holder of C M&A car.

Although it is prohibited to operate a motor vehicle which is not covered by mandatory insurance on the road, the defendant operated a Ma business motor vehicle which is not covered by mandatory insurance at the same time and at the same place as the above 1. paragraph.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by each police station in D;

1. Inquiries about the circumstantial statements of drivers of drinking alcohol and the results of regulating drinking alcohol driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance, inquiry into information on non- mandatory insurance, and inquiry into any borrowed vehicle;

1. Previous conviction: Application of the law to a reply to inquiry, such as criminal history, investigation report (in Part II of the Judgment), etc. (the defendant and his defense counsel asserted that there was no fact of driving at the above time and place, but according to the evidence duly examined by this court, the fact of driving at the above time and place is recognized, and thus the defendant'

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage 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 penalty:

arrow