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(영문) 인천지방법원 부천지원 2013.12.18 2013고단2603
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 20, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act at the Incheon District Court on November 12, 2007, a fine of KRW 2.5 million as the same crime in the same court on November 12, 2007, a fine of KRW 2.5 million as the same crime in the same court on May 19, 201, a fine of KRW 2.5 million as the same crime on June 24, 201, and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Guarantee of Automobile Accident Compensation Act on December 5, 201.

1. On May 1, 2013, the Defendant violated the Road Traffic Act at least twice, and driven C-do-type car under the influence of alcohol content of about 500 meters at approximately 0.236% from the front day of the restaurant located in the Sinpo-Eup, Mapo-si, Kimpo-si, Kimpo-si to the front day of the Tongpo-si, Kimpo-si, Kimpo-si, Kimpo-si, while under the influence of alcohol concentration of about 500 meters.

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

Nevertheless, at around 11:43 on May 1, 2013, the Defendant operated a car in the C Coin which the Defendant did not mandatory insurance with approximately KRW 500 meters section from the front day of the restaurant located in the Mapo-Eup, Kimpo-si, Kimpo-si to the front day of the Jin-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Mandatory insurance policies (C);

1. Previous records before judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports, investigation reports (report accompanied by a copy of the judgment), and personal identification and confinement status;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each sentence;

1. Article 35 of the Criminal Act among repeated crimes;

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

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