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(영문) 서울북부지방법원 2013.10.17 2013고단290
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 12, 2013, the Defendant, while under the influence of alcohol around 00:35, the blood alcohol concentration of 0.163%, had, without a driver’s license, proceed along the two-lane road adjacent to the offset zone in Seoul Special Metropolitan City, Nowon-gu, Seoul, the two-lane road along the offset zone, from the offset zone to the intersection area.

In such a case, the defendant has a duty of care to keep the accident from being delayed by emphasizing the ebbbrance and accurately manipulating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant received the street lamps on the left side of the moving direction due to negligence and damaged the above street lamps so that the repair cost of KRW 119,091 can be moved.

2. No person shall operate any motor vehicle on a road that has not purchased mandatory insurance;

Nevertheless, the Defendant operated the said vehicle at the same time and place as Paragraph (1).

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Registers of driver's licenses;

1. Mandatory insurance policy;

1. Application of the statutes governing estimates for facilities;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) of the Guarantee of Automobile Accident Compensation Act, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, all the sentencing factors indicated in the arguments, such as the background and result of the crimes indicated in the reasoning for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, and the circumstances before and after the crimes, among the concurrent crimes, have been committed again despite the fact that the defendant had been punished for committing a traffic-related crime for several years without a driver's license.

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