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(영문) 의정부지방법원 2017.03.21 2016고단3298
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, on June 11, 2016, the Defendant operated the car without mandatory insurance on the front road at the Namyang-si, Namyang-si.

2. On September 18, 2014, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act, etc. at a governmental district court on September 18, 2014, and was sentenced to a fine of four million won or more due to the same offense, etc. at the same court on August 17, 2016, and was sentenced to a summary order of four million won or more due to the same offense.

On June 12, 2016, around 06:16, the Defendant driven a vehicle described in the foregoing paragraph (1) without being covered by mandatory insurance in the state of alcohol concentration of approximately 500 meters from a section of about 500 meters from the south-si, Namyang-si to the front road of the store for logistics located in the same city of Gyeonggi-do, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. An inquiry into the enemy and mandatory insurance;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

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 drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not mandatory insurance), and selection of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: The defendant's history of punishment for the violation of traffic laws on roads has reached three times, and the defendant's history of punishment for the violation of the Guarantee of Automobile Compensation Act reaches two times.

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