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(영문) 인천지방법원 부천지원 2015.02.06 2014고단990
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 16, 2010, the Defendant received a summary order of 2.5 million won of a fine for a violation of the Road Traffic Act, and a summary order of 3.5 million won of a fine in the same court on November 2, 2011.

1. On March 23, 2014, the Defendant driven a bcoon vehicle with a blood alcohol content of about 3km from the front side of the store located in the mountain apartment zone located in the Gyeonggi-do Kimpo-si to the bottom of the same long-term bridge, the Defendant driven a bcoon vehicle with a blood alcohol content of about 0.147% under the influence of alcohol at around 21:05.

2. A holder of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall subscribe to the mandatory insurance bearing the responsibility for paying a specific amount to the victims where other persons die or are injured due to the operation of an automobile, and shall not operate an automobile not covered by the mandatory insurance on the road;

Nevertheless, the defendant operated the above vans that are not covered by mandatory insurance as provided in the preceding paragraph.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written report from an employee of an employer;

1. Mandatory insurance policies;

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

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, investigation reports, and criminal records;

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

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

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