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(영문) 의정부지방법원 고양지원 2015.10.07 2015고단2274
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal power] On March 19, 2007, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on November 5, 2007, and was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on November 5, 2007, and on April 17, 2014, the Defendant completed the execution of the sentence at the Changwon District Court on May 14, 2014.

【Criminal Facts】

1. Around 13:30 on July 13, 2015, the Defendant driven a C physical-person car under the influence of alcohol with a blood alcohol concentration of about 0.205% from the parking lot at the Yang Pyeong Sea Station located in 121-2, the Damyeong-ro, the Damyeong-ro, the Gan-ro car at the 13:40 on the same day, to the front road of the office, the 11th day of the pulpy-ro, the 13:40 on the 13:40 on the same day.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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

Nevertheless, at around 13:30 on July 13, 2015, the Defendant operated C physical-person car not covered by mandatory insurance at approximately 200 meters section prior to the front road of the 200-lane office located in the 13:40 on the same day from the parking lot of the Pyeong Sea Station located in the Pyeong-ro 121-2, Pyeongju-si, Pyeongju-si, 13:40 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Mandatory insurance policies;

1. Previous convictions indicated in judgment: Inquiries and inquiries, investigation reports (Attachment to a copy, etc. of the judgment), application of Acts and subordinate statutes on the status of personal identification and confinement;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a point of sound driving) concerning criminal facts, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act.

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