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(영문) 광주지방법원 순천지원 2017.08.25 2016고단688
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 27, 2007, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving), etc. on October 22, 2010 by the same court, and two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (drinking Vehicle) and a violation of the Road Traffic Act (drinking driving), etc. on October 22, 201. On January 22, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving), and the execution of the sentence was completed at the Net Prison on November 17, 2014.

1. On February 17, 2016, the Defendant violated the Road Traffic Act (drinking) driven B in the state of alcohol alcohol alcohol leveling 0.083% from the section of about 2 km from the said parking lot to the front line of wood located in the same city of the same city from the said parking lot to the 102 string-dong.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road unless mandatory insurance is subscribed;

Nevertheless, the defendant operated the first car in B B which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation report (to hear statements by telephone, such as the details and details of reports filed by the reporting party C);

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, summary order and judgment, and application of Acts and subordinate statutes on personal identification and acceptance status;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) (the point of drinking alcohol) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile not covered by mandatory insurance), and each choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, the main sentence of Article 38(1)2 and Article 50 of the Criminal Code [the punishment shall be heavier.]

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