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(영문) 대전지방법원 2018.10.19 2017고단3229
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 26, 2014, the Defendant received a summary order of KRW 3 million from the Daejeon District Court to a fine of KRW 3 million due to a violation of road traffic law (dacting driving), and on December 31, 2014, the same court received a summary order of KRW 3 million due to the same crime.

[Criminal facts]

1. On June 4, 2017, the Defendant driven a large-scale 100 U.S. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person who has an objection to 100 Oralo Clim.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, the defendant operated the 100 Oral Ba, which was not covered by mandatory insurance, at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger and a report on detection of the driver's license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order of the same type of crime);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act (the point of driving under drinking), Article 46 subparag. 2, and the main sentence of Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into consideration all the circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. in light of the following circumstances:

(b)bed;

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