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(영문) 대전지방법원 천안지원 2016.07.07 2016고단797
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is punished by a fine of one million won for a violation of Road Traffic Act (driving) on April 21, 2008 in the Daejeon District Court's astronomical Court's Support for the same year, and the same year.

5. On October 28, 2013, the same court was sentenced to a fine of KRW 2 million for the same crime, and on July 2, 2009, to a fine of KRW 5 million for the same crime, from the Daejeon District Court’s astronomical Branch of the Daejeon District Court on October 28, 2013.

In addition, on May 31, 2016, the Defendant was sentenced to five months of imprisonment with prison labor due to a violation of the Labor Standards Act and a violation of the Road Traffic Act (unlicensed Driving), etc. in the Daejeon District Court’s Support on May 31, 2016 (hereinafter “previous conviction”) and the judgment became final and conclusive on June 8, 2016 (hereinafter “previous conviction”). On June 1, 201, the Defendant was under the influence of alcohol at least two times, and the Defendant was under the influence of alcohol at least 0.26% of alcohol in the road section prior to the “Seoul-dong convenience store 24:10, Seo-gu, Seocheon-gu, Seoul Special Metropolitan City on December 28, 2015, while the Defendant was under the influence of alcohol at least two times.

2. A person who violates the Guarantee of Automobile Compensation Act is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance. However, the Defendant operated a motor vehicle with a total of 11 times of mandatory insurance from April 9, 2013 to March 9, 2016, in total, as shown in the list of crimes in the attached crime list, even though he/she was prohibited from operating a motor vehicle on the road, at around 23:10 around December 28, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. Statement made by the police for E;

1. Inquiry into the current status of each mandatory insurance policy;

1. Details of operation of each non-insurance policy;

1. A report on the detection of a driver employed by each owner;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries into association with each main office;

1. Criminal facts;

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