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(영문) 광주지방법원 순천지원 2015.05.13 2015고단292
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 31, 2011, the Defendant was notified of a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving) in the early branch of the Chuncheon District Court on October 31, 201, and was sentenced to a fine of KRW 3 million due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (driving) on October 19, 2007 and was punished twice due to a drunk driving.

1. On January 18, 2015, the Defendant was under the influence of alcohol at around 06:00 and around 0.152% of blood alcohol concentration, the Defendant driven a C-wing truck with the amount equivalent to 3km of 15km from the national valley of the same city Do Do-dong Do-dong Do-dong Do-dong apartment complex to the front road of the apartment complex of the same city without the driver’s license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act driving the said truck without purchasing liability insurance at the time, place, and place indicated in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of reporter of D;

1. Report on the circumstances of a drinking driver, report on the results of crackdown on drinking driving, report on mandatory insurance, and register of driver's licenses;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (a copy of the judgment attached)-related statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act and the punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;

1. Selection of each sentence of imprisonment;

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) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act are disadvantageous to the probation and order to attend a lecture.

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