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(영문) 수원지방법원 안산지원 2016.10.11 2016고단3106
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On September 9, 2009, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on September 9, 2009, and was sentenced to a suspended sentence of 2 years for six months or more for the same crime in Ansan Branch of the Suwon District Court on January 21, 201.

1. Around 07:50 on July 29, 2016, the Defendant driven B earth and car in the state of alcohol alcohol concentration of about 4 km from the front of the Shisti-dong located in Geumcheon-gu Seoul Metropolitan Government, to the front road of the luminous elementary school located in the Sisti-dong in Geumcheon-gu, Geumcheon-gu, Seoul, with the influence of alcohol level of about 0.157%.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, at around 07:50 on July 29, 2016, the Defendant operated a B-to-car car on the front side of the luminous elementary school located in the Gasan-dong, without mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and a report on the state of drinking drivers;

1. Mandatory insurance policies;

1. Previous records of judgment: Criminal records, investigation reports (Attachment to attached copies, etc. of the judgment of the same kind), copies of each written judgment, and application of Acts and subordinate statutes of summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of imprisonment for each type of punishment;

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. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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