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(영문) 대전지방법원 천안지원 2016.08.25 2016고단990
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

[criminal history] On January 18, 2008, the Defendant was ordered to take a summary order of KRW 1,00,000 as a crime of violating road traffic law at the Seo-gu District Court’s branch branch branch on January 18, 200, and the Defendant was prosecuted on March 23, 2016 due to a violation of road traffic law (drinking) at the Daejeon District Court’s Incheon District Court’s Branch Branch on March 23, 201.

[Criminal facts]

1. On May 20, 2016, the Defendant, without a vehicle driver’s license, driven a Bbenz car in the section of about five meters from the front of the “Seng-gu Deng-dong,” located in the north-gu, Seoan-gu, Seoan-gu to the front of the statistical office distance in the same location, while under the influence of alcohol content of 0.070%.

2. No motor vehicle which is not covered by mandatory insurance shall be operated on a road;

The Defendant operated the passenger car at the date, time, place, and place stated in Paragraph 1, which was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the detection of drinking drivers' regulations, notification of the results of crackdown on drinking driving, and entry in the circumstantial report of the driver concerned;

1. Entry into the driver's license ledger (A) and mandatory insurance inquiries;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes in two copies, such as a written reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions in disposition, and summary issuance orders;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 46 (2) 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 for the ordinary concurrent crimes (a punishment provided for in a crime of violating the Road Traffic Act, a crime of violating the Road Traffic Act, a crime of violating the Road Traffic Act, a crime of violating the Road Traffic Act, and a crime of violating the Road Traffic Act, of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes by concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act [the above two crimes shall be aggravated.]

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