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(영문) 청주지방법원 충주지원 2017.11.03 2016고단307
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On January 11, 2010, the Defendant was sentenced to a fine of KRW 700,000 to a fine of KRW 500,000 as a crime of violating the Road Traffic Act (dacting driving) at the Cheongju District Court’s Support on the Cheongju District Court, April 5, 2010, a fine of KRW 1 million as the same crime in the same court, and a fine of KRW 7 million as the same crime in the same court on January 13, 2016.

[2] On April 27, 2016, the Defendant, even though there was no valid license to drive a motor vehicle, was driving a Maz motor vehicle without a mandatory motor vehicle insurance in the direction of approximately 0.096% alcohol level in the 8km section of the blood while under the influence of alcohol level in the vicinity of the same erogate located in the erode of 127, which was located at the 127, a place where the erop vehicle was operated, from the vicinity of the erode of the eroscopic body located in the eroscopic body located in the erode of the eroscopic body

As a result, the Defendant, who has been punished for a violation of the Road Traffic Act at least twice, was driving a motor vehicle without mandatory insurance without a valid driver's license.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the occurrence of a traffic accident;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. On-site photographs of traffic accidents;

1. A survey report on actual conditions;

1. The driver's license ledger and the driver's license ledger;

1. Inquiry into mandatory insurance;

1. On-site photographs of traffic accidents;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act (the point of driving without a mandatory insurance);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the crimes of violation of the Act on Transport which are most severe between each crime and punishment);

1. Selection of imprisonment with prison labor chosen;

1. The Defendant’s reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantities are as follows: (a) January 2010; (b) April 2010; and (c) April 2016.

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