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(영문) 광주지방법원 순천지원 2018.08.24 2018고단1012
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor 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

1. On November 12, 2010, the Defendant is a person who has been sentenced to a fine of KRW 2 million by a fine of KRW 5 million by a crime of violating road traffic laws in the Gwangju District Court’s net support on November 12, 2010, and a person who was sentenced to a fine of KRW 5 million by the same court on April 5, 2012 due to a crime of violating road traffic laws.

Nevertheless, at around 15:24 April 30, 2018, the Defendant driven B SH10B Ob under the influence of alcohol concentration of about 0.094% in a section of about 500 meters from the 500-meter radius to the roads outside of the same Eup/Myeon located in the new road of the Doyang-gu, Doyang-gu, Doyang-gu, Chungcheongnam-do.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is the owner of the above SH10B Oral Land.

The defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place above.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Inquiry into the decision of the main office, inquiry letter, criminal history, and application of the text of judgment and summary order Acts and subordinate statutes;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning criminal facts; Article 46 subparag. 2, and the main sentence of Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, the main sentence of Article 38(1)2, and Article 50 of the Criminal Act (the punishment shall be imposed on a person who violates the Road Traffic Act with heavier punishment);

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