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(영문) 인천지방법원 2014.05.28 2014고단2096
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

【Criminal Power】 On October 8, 2009, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million from the Incheon District Court’s Branch Branch on June 24, 2013 to the same crime.

【Criminal Facts】 On February 18, 2014, the Defendant was under the influence of alcohol content of 0.219% without obtaining a driver’s license on February 18, 2014, the Defendant driven a Bsch Rexroth car not covered by mandatory insurance at approximately 1 km from the roads near the south-gu Jeju Jeju Jeju Jeju Coast Station to the roads front of the Cheongju Oil Station.

"2014 Highest 2321"

1. On February 7, 2014, the Defendant was under the influence of alcohol with a blood alcohol content of 0.102% without obtaining a driver’s license on February 23:45, 2014, and the Defendant driven Bsch Rexroth car from the roads on the south-gu, Incheon to the same Samsung Bio-Korean roads.

2. No automobile which is not subscribed for a mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated Bsch Rexroth car, which is a vehicle not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the register of driver's licenses, and mandatory insurance;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by summary order);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor for each choice of punishment;

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