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(영문) 춘천지방법원 강릉지원 2019.01.25 2018고단1145
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On July 1, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Gangnam Branch Branch of the Chuncheon District Court on July 1, 2008. On August 21, 2018, the same court was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving). On October 19, 2018, the same court was sentenced to a suspended sentence of eight months for an injury, and the said judgment became final and conclusive on October 27, 2018.

【Criminal Facts】

1. Around October 14, 2018, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) on more than two occasions, and the Defendant driven a f-dd-d-d-d-d-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said automobile, which was not covered by the mandatory insurance at the aforementioned date and place;

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previouss before and after judgments: A statement of criminal records, reports on the results of confirmation of the previous dispositions, and application of Acts and subordinate statutes [Attachment to investigation reports (Attachment to separate judgments by which the accused's judgment becomes final and conclusive)] shall apply;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

1. Selection of imprisonment with prison labor chosen;

1. The Criminal Act dealing with concurrent crimes;

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