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(영문) 의정부지방법원 2015.10.14 2015고단2897
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 12, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the District Court of Jung-gu on February 12, 2008, and was sentenced to a fine of two million won by the same court on February 9, 2009.

1. On June 15, 2015, the Defendant: (a) around 17:15, operated a passenger car in B column while under the influence of alcohol 0.161% of blood alcohol concentration from approximately 50 meters to the front of the village hall at the Cheongpyeong-gu, Cheongpyeong-gun, Gyeonggi-gu, Cheongpyeong-do, in a state of under the influence of alcohol by around 17:15.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile which is not covered by mandatory insurance;

Nevertheless, the Defendant operated a passenger car that was not covered by mandatory insurance as above.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Mandatory insurance policies;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating automobiles which are not mandatory insurance and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspended execution (including the fact that the military records of the same kind of crime are several times, that the blood alcohol concentration is not low, etc. disadvantageous circumstances or crimes, that are against the recognition of crimes, and that there is no criminal record of the suspended execution or higher, etc.);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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