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(영문) 춘천지방법원 강릉지원 2017.03.31 2017고단138
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 10, 2013, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating road traffic laws (drinking driving) at the Gangnam Branch of the Chuncheon District Court on January 10, 2013, and was sentenced to a fine of KRW 5 million for a crime of violating road traffic laws in December 14, 2015, and was sentenced to a fine of KRW 5 million for a crime of violating road traffic laws in the same support on January 14, 2016, and was sentenced to a suspended sentence of 6 months for a crime of violating road traffic laws (drinking driving) and became final and conclusive on January 22, 2016.

No one shall operate a motor vehicle which is not covered by mandatory insurance, and CK3 motor vehicle owned by the defendant is not covered by mandatory insurance.

The Defendant was punished three times due to drinking driving as above, and even though the said car was not covered by mandatory insurance, on December 3, 2016, at around 04:30, the Defendant driven the said car under the influence of alcohol content of 0.112% while under the influence of alcohol, without obtaining a driver’s license from around 74:30, 2016, in the 5km section from the 3-lane 3rd road of the Seocheon-dong Dogcheon-si in the East Sea to the road of about 281-day, the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notification of the results of regulating driving of drinking, statement of the circumstances of driving of drinking, and inquiry of the results of regulating driving of drinking;

1. Investigative into the driver's license ledger and mandatory insurance;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (prior conviction and the same kind of force);

1. Violation of the Traffic Act (driving of alcohol): Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts: Violation of the Road Traffic Act (non-licenseed driving) as stated in the relevant provisions of the Act: Article 152 (1) and Article 43 of the Road Traffic Act: Violation of the Guarantee of Automobile Compensation Compensation Act as stated in the relevant provisions: Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Compensation;

1. Articles 40 and 50 of the Criminal Code for the ordinary concurrence and the choice of punishment (the punishment provided for the crimes of violating the Road Traffic Act as stated in the holding, and the punishment shall be imposed on each of the crimes in respect of which punishment is most severe;

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