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(영문) 대전지방법원 천안지원 2016.11.22 2016고단1931
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2013, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Daejeon District Court's Incheon District Court's branch on May 21, 201. On August 12, 2011, the above court was sentenced to a suspended sentence of six months for the same crime. On January 29, 2010, the above court was sentenced to a summary order of KRW 2.5 million for the same crime, and on January 29, 2010, was sentenced to a penalty of KRW 2.5 million for the violation of the Road Traffic Act (driving).

1. A person who violated Article 44(1) of the Road Traffic Act twice or more as above and again drives a e.g., e., 100 amba while under the influence of alcohol from the 2km section of approximately 0.194% of the blood alcohol concentration on September 12, 2016 to the roads of 12-lane 12, west-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

2. No automobile which is not subscribed to the mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the defendant operated the above C&10 Oral Ba on the road, which was owned by the defendant who did not subscribe to mandatory insurance at the time and place mentioned in the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on crackdown of drinking drivers;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Smoking photographs;

1. Notification of detection of a driver of a unregistered motor vehicle;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Act concerning the facts constituting an offense, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and imprisonment, respectively;

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. Probation;

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