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(영문) 수원지방법원 성남지원 2016.06.22 2016고단1066
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 7, 2009, the Defendant is a person who has the record of receiving a summary order of KRW 1,500,000 from the Seoul Eastern District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (driving of alcohol), and a summary order of KRW 700,000 as a fine from the Seoul Central District Court to the same crime on December 24, 2007.

On April 22, 2016, around 00:16, the Defendant driven a car at approximately 50 meters away from the road near a flusium in Sungnam-si, Sungnam-si, to the road front of this flus Hospital located in the same flusium. The Defendant driven a car at B's flusium B in the state of under the influence of alcohol content of 0.200% during blood.

Ultimately, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

2. Although a person violating the Guarantee of Automobile Compensation Act is prohibited from operating a motor vehicle which is not covered by mandatory insurance, the defendant, despite the fact that he was not covered by mandatory insurance on the day and night of the flus hospital as stated in paragraph 1, he was running the motor vehicle clurging.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving under the liquor and report on the circumstances surrounding the driver;

1. Inquiry into mandatory insurance;

1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;

1. Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 48-2 (1) 2 of the same Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8 of the same Act, and the selection of imprisonment, respectively;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s age, sexual conduct, environment, motive for the instant crime, etc., and the conditions of sentencing indicated in the arguments and records, but in particular, two times a fine due to drinking driving.

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