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(영문) 광주지방법원 순천지원 2017.12.21 2017고단2673
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 25, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), KRW 3 million for the same crime in the same court on April 20, 2012, and KRW 5 million for the same crime in the same court on June 11, 2014.

The defendant is a person who drives B rocketing another car.

1. Although the Defendant was prohibited from operating a motor vehicle on the road not covered by mandatory insurance for violating the Guarantee of Automobile Damage, the Defendant operated the said rocketing motor vehicle without mandatory insurance on June 28, 2016 at the center of the lightyang-si, which was not covered by the mandatory insurance on the nearby road.

2. On June 28, 2016, the Defendant driven the said car under the influence of alcohol concentration of about 0.077% without a vehicle driver’s license from the front of the restaurant in which the trade name in the Manyang-si is unknown at around 20:55 on June 28, 2016, to the front of the 5m section of the large household department store in the same Dong, where the trade name in the Manyang-si cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history, investigation report (a summary order with the suspect's previous history and indictment), summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is very heavy in light of the defendant's criminal records of the same kind of crime.

Although the defendant is aware of his criminal act, he does not repeat the crime.

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