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(영문) 인천지방법원 부천지원 2016.10.07 2016고단1963
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 9, 2011, the Defendant received a summary order of KRW 2.5 million from the Incheon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million from the Incheon District Court to a fine on April 10, 2012, respectively.

Criminal facts

1. A person who violated Article 44(1) of the Road Traffic Act on at least two occasions, as seen above, the Defendant driven a BM7-car under the influence of alcohol content of approximately 0.151% from a 100-meter section from July 29, 2016 to the same 57-lane road as the 66-lane-ro, Seocheon-si, Seocheon-si, Seoul Special Metropolitan City.

2. Violation of the Guarantee of Automobile Accident Compensation Act;

A. On July 28, 2016, around 23:35, the Defendant operated a BM7 car not covered by mandatory insurance from approximately 15 km to 66 km-ro, Seocheon-si, Incheon, through the 365-ro, Seocheon-si, Incheon.

B. On July 29, 2016, around 04:48, the Defendant operated a BM7 car not covered by mandatory insurance at approximately 100 meters section from the 66th road to the 57th road in the same city road from the 66th road in Seocheon-si, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the report on the results of the drinking driving control, the results of the drinking driving control, the report on the situation of drinking driving, the report on the status of drinking driving, and a copy of the register of using the drinking measuring instruments;

1. Report on detection of each offender, report on occurrence of cases, and mandatory insurance policies;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

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), each of the provisions of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and each of imprisonment options;

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

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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