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(영문) 인천지방법원 2018.03.29 2018고단257
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 October 20, 2014, the Defendant was issued a summary order of KRW 1,00,000 by the Incheon District Court to a fine for a violation of the Road Traffic Act (drinking driving), and on December 21, 2015, by the Incheon District Court to a fine of KRW 2,00,000 as a crime of violation of the Road Traffic Act (drinking driving), respectively.

[Criminal facts]

1. On November 23, 2017, the Defendant driven a fluent car in the state of alcohol alcohol concentration of approximately 0.191% in a section of about 100 meters from the road located in the Bupyeong-gu Incheon Bupyeong-gu, Incheon, Incheon, to the front road located in the Bupyeong-gu, Incheon, Bupyeong-gu, around 18:51 on the same day.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. No owner of a motor vehicle violating the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which has not been covered by mandatory insurance;

Nevertheless, the Defendant owned a Fluent Car and operated the said car on November 23, 2017, which was not covered by mandatory insurance on the roads in front of Incheon Bupyeong-gu, Incheon at around 18:50 on November 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (Confirmation of the term of automobile insurance contract and whether it is automatically renewed);

1. Inquiry into mandatory insurance;

1. The circumstantial statement of the driver involved and response to a request for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (report on the previous convictions in the same case

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which is not mandatory insurance), and selection of imprisonment, respectively;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures and order to provide community service;

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