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(영문) 수원지방법원 여주지원 2018.12.12 2018고단590
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On April 16, 2007, the Defendant was issued a summary order of KRW 2 million for a violation of road traffic law (drinking driving), etc. on the part of the Friwon Friju, and on June 25, 2007, a fine of KRW 2 million for a violation of road traffic law (drinking driving), etc. on the part of Friju, and on the part of Friju, the Defendant was issued a summary order of KRW 2 million for a violation of road traffic law. On March 14, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of public duty from Friju's Friju support on the part of Friwon Friju, and completed the execution of the sentence on May 20, 2017

[Criminal facts] The Defendant is a person who drives a large 125cc c c. with no registration number plate.

1. On June 15, 2018, the Defendant was under the influence of alcohol by 0.19% in blood alcohol level from the Defendant’s residential heading around 23:45 on June 15, 2018 to around 23:50 on the same day from the Defendant’s residential heading around B to around 23:50 on the same day.

2. No person who owns a motor vehicle, such as a two-wheeled motor vehicle violating the Guarantee of Automobile Compensation, shall operate any motor vehicle on the road which is not covered by mandatory insurance;

Nevertheless, the Defendant, at the time and place specified in Paragraph 1, operated the foregoing Oba, which was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. Statement report on the circumstances of the driver at the home, investigation report (report on the circumstances of the driver at home) and the situation of the driver at home;

1. On-site photographs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force), application of the defendant's statutory statement statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 48-2 (1) 2 of the same Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (2) of the same Act concerning the operation of a vehicle which is not mandatory insurance);

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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