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(영문) 춘천지방법원 영월지원 2015.12.22 2015고단429
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

On April 10, 2008, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act in the Daegu District Court's Ansan-dong branch on April 10, 2008, and was issued a summary order of three million won for the same crime at the Suwon District Court on September 21, 201.

1. The defendant is a person who has been punished twice or more for a violation of the Road Traffic Act.

At around 12:40 on September 16, 2015, the Defendant driven B K3 cars under the influence of alcohol content of 0.144% from a section of approximately 500 meters to a 500-meter under the influence of alcohol with alcohol content of 0.14%.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant driven the said car without being covered by mandatory insurance at the time and place specified in the foregoing Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the status of drinking drivers, and mandatory insurance;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

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