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(영문) 수원지방법원 2017.03.28 2016고단6782
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 26, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on November 2, 201, the Defendant was issued a summary order of KRW 3 million by the same court due to the same crime, etc. on November 2, 201, and on December 21, 201, the Defendant was issued a summary order of KRW 5 million by the same court due to the same crime, etc. on December 21, 201, and was issued a summary order of KRW 5 million by the same court on January 27, 2013.

1. On July 28, 2016, the Defendant was driving BCA 110E under the influence of alcohol concentration of about 0.16% without a motor device bicycle driver’s license in the section of approximately 400 meters from the 31st day of the 31st road, from the mutual influence road in the sphere of the right-driven rescue movement at Suwon-si, Suwon-si, the Defendant, at around 03:18, driven a 0.16% of alcohol concentration in blood without a motor device.

2. The Defendant violated the Guarantee of Automobile Compensation Act, as the owner of the BCA110E, did not subscribe to mandatory insurance, and operated the said vehicle at the date, time, and place mentioned in the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Inquiry into mandatory insurance;

1. The driver's license ledger;

1. Previous convictions in judgment: A copy of the summary order and text of the judgment, inquiry letter, such as criminal history, and application of reporting Acts and subordinate statutes after confirmation of such minor convictions;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a motor vehicle which is not mandatory insurance);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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