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(영문) 수원지방법원 안산지원 2016.10.18 2016고단3127
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On September 13, 2007, the Defendant was issued a summary order of KRW 3 million with the same crime in the Ansan Branch of the Suwon District Court on September 13, 2007, and a person who has a record of driving under the influence of alcohol at least twice, including a fine of KRW 3 million, and a fine of KRW 3 million with the same crime in the Gyeyang Branch of the Suwon District Court on June 24, 2015.

【Criminal Facts】

1. Around 09:00 on August 18, 2016, the Defendant driven a Cobserver car under the influence of alcohol with approximately 2 km alcohol concentration of about 0.108% from the section of approximately 2 km from the front of the luminous-ro B to the front road of the Doo-dong, Agricultural Cooperatives located in 276, the same luminous-ro from the front of the luminous-ro B at the same time.

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 09:00 on August 18, 2016, the Defendant operated a Cobserver car which is not covered by mandatory insurance on the front side of the 276 agricultural Doo-dong branch located in the Agricultural Cooperative located in the 276 name.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of the driving of a motor vehicle, and mandatory insurance;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

1. Selection of each sentence of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act include the fact that the defendant is expected not to repeat the same kind of crime in the future, and the fact that the defendant is old and is not good in the state of health, and the punishment as ordered shall be determined in full view of all the circumstances.

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