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(영문) 춘천지방법원 원주지원 2018.04.12 2018고단196
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On December 8, 2006, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (dacting driving) at the original branch of the Chuncheon District Court on the ground of a violation of the Road Traffic Act (dacting driving), and on July 8, 2016, the same court issued a summary order of KRW 3 million on the ground of a violation of the Road Traffic Act (dacting driving). However, on October 7, 2017, the Defendant operated a bicycle motor at approximately 1k in the section from the apartment near the Gidong-dong apartment around the original city of the Republic of Korea without a bicycle driver’s license to the “fluoring in the same year” without the bicycle driver’s license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Insurance Act, operated the said automobile without having bought mandatory insurance at the above time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the influence of liquor, report on the circumstances of the driver under the influence of liquor, report on the situation of the driver under the influence of alcohol and report on the results thereof;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes (10 times a net time);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

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

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity Mitigation is not high, and the reason for sentencing under Articles 55(1)3 of the same Act is not high, and the traffic accident causing damage to others is not caused. However, there is a history of criminal punishment for driving under drinking, and there is a history of criminal punishment for the crime of violating the Guarantee of Automobile Compensation and the Traffic Act or the crime of violating the Road Traffic Act (non-licenseless driving) on several occasions. In particular, the Chuncheon District Court's Seoul District Court's 2017 Highest 7 cases.

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