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(영문) 대전지방법원 천안지원 2019.10.02 2019고단1297
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On July 13, 2012, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on July 13, 2012, a fine of KRW 4 million for a violation of the Road Traffic Act (driving on June 2, 2014), and a fine of KRW 7 million for a violation of the Road Traffic Act (driving on November 30, 2015) at the Incheon Central District Court's Support for the Incheon District Court on November 30, 2015, and a suspended sentence of two years for a violation of the Road Traffic Act (driving on June 24, 2016) at the Incheon District Court's Support for the Incheon District Court on July 24, 2016.

On May 19, 2019, at around 00:17, the Defendant driven an E-bred motor vehicle not covered by mandatory insurance at approximately 30 meters away from the Do in front of the parking lot in the Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-si to the roads front of the D hotel in Seoan-gu, Seoan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Helping on the mandatory insurance to E and information on the mandatory insurance already subscribed;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report on confirmation of the same type of crime records), and application of four copies of judgment;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); 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, respectively,

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

1. The order of sentencing under Articles 53 and 55(1)3 of the Criminal Act is based on the following factors: (a) the Defendant driven the instant vehicle under the influence of alcohol even though he/she was subject to multiple criminal punishment, including the suspension of the execution of imprisonment due to the crime of violating the Road Traffic Act; (b) the blood alcohol concentration of this case is very high; (c) the Defendant recognized and reflected the crime; and (d) the Defendant sold the vehicle.

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