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(영문) 수원지방법원 평택지원 2014.09.03 2014고단107
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 January 17, 2011, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, and on November 11, 2011, the Defendant was sentenced to a fine of KRW 2,00,000 for the same crime in the same court.

1. On December 26, 2013, the Defendant was under the influence of alcohol at around 23:05, the Defendant driven a car of approximately 200 meters B Twork XG in the section of approximately 200 meters from the road front of Pyeongtaek-si Tax Station located in Pyeongtaek-si via the same Dong to the front road of the Pyeongtaek-si site located in the same Dong, while under the influence of alcohol at around 0.138% of alcohol content.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of BT XG car.

Although the defendant is prohibited from operating a motor vehicle which is not covered by mandatory insurance on the road, he/she operated the motor vehicle without mandatory insurance at the date, time, place, etc. of the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the control results of drinking driving, and report on the situation of drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records: Application of inquiry reports and investigation reports (Attachment of summary orders)-related Acts and subordinate statutes, such as 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, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant has a history of being subject to criminal punishment several times, and that the defendant drives a motor vehicle not covered by mandatory insurance in a considerable drinking situation even though the same drinking driving force of the same kind has been five times or more. However, the defendant is not liable for such crime.

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