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(영문) 수원지방법원 2019.07.04 2019고단2202
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 19, 2015, the Defendant issued a summary order of KRW 5 million at the Seoul Central District Court to a fine of KRW 5 million for a violation of the Road Traffic Act, and on February 23, 2016, a summary order of KRW 3 million for a violation of the Road Traffic Act at the Seoul Central District Court on February 23, 2016, respectively, and has violated the prohibition of drinking driving regulations at least twice.

【Criminal Facts】

1. Around 00:25 on March 17, 2019, the Defendant driven a Bnic-cin car under the influence of alcohol concentration of approximately 0.07% from a section of about 200 meters to a viewing road in the hand-on operation of Suwon-si, Suwon-si, Suwon-si.

2. The owner of an automobile violating the Guarantee of Automobile Accident Compensation Act shall not operate any automobile on which the mandatory insurance is not subscribed on the road;

Nevertheless, at around 00:25 on March 17, 2019, the Defendant operated a BNF car not covered by mandatory insurance on the roads adjacent to the Suwon-si transfer-dong of Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the results of the drinking driving control and a measuring record;

1. Mandatory insurance policy;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (Attachment to the relevant summary order), and application of two copies of the summary order;

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, Jun. 25, 2019); 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, with labor;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act lies in the fact that the defendant was punished for drunk driving in 2015 and 2016.

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