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(영문) 춘천지방법원 2016.10.05 2016고단807
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 12, 2010, the Defendant received a summary order of KRW 2 million as a crime of the Road Traffic Act, and KRW 3 million as a fine in this court on May 2, 2016, respectively.

1. On August 1, 2016, the Defendant was under the influence of alcohol at 0.16% of alcohol level without obtaining a driver’s license on August 22, 2016, and the Defendant driving C New C New C New Character Vehicles at a section of about 40 meters from the front side of the light-name house located in the Switzerland in the aftermath of Chuncheon City to the front side of the heavy construction in the same Dong.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on which no mandatory insurance has been subscribed;

Nevertheless, the Defendant driven the car without mandatory insurance at the above date and place.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation into the results of the control of drinking driving, mandatory insurance, and application of the statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (the point of running a motor vehicle without a license), subparagraph 1 of Article 152, Article 43 (the point of operating a motor vehicle without a license) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutually between the crimes of violation of each Road Traffic Act at the time of marketing);

1. Selection of each sentence of imprisonment;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing") is that the Defendant has been punished for the crimes of the Road Traffic Act on two occasions, such as the facts indicated in the judgment, and that the Defendant has the history of being punished for the crimes of the Road Traffic Act, and that the comprehensive automobile insurance is dead and that the Defendant guarantees the compensation for traffic accident damage.

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