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(영문) 광주지방법원 목포지원 2017.03.23 2016고단1742
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 23, 2009, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act at the Gwangju District Court, and on December 22, 2011, the Defendant was sentenced to a fine of 3.5 million won for the same crime at the same court.

[Criminal facts]

1. On November 17, 2016, the Defendant, while under the influence of alcohol at around 09:30, the Defendant driven B strawing car from the 1km section from around 105 meters to the 105th road of the 105th road of the same scopic scopic scopic scopic scopic frithic frithic frithic frithic frithic frithic frithic frithic frithic frithic frithics.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is the owner of B rocketing rental car.

Defendant 1 operated the said car that was not covered by mandatory insurance at the time and place of the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Inquiry into each mandatory insurance;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, replys to criminal history, reports on investigation (reports attached to the same criminal records and judgments);

1. Relevant Article of the Act concerning the facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating cars which are not mandatory insurance and the choice of imprisonment);

1. Aggravation of concurrent crimes for the crimes of violation of the Road Traffic Act with heavier punishment (limited to the sum of the long-term punishments of the above two crimes) under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act with regard to the provision of protection observation, order to attend lectures, and order to provide community service order are as follows: (a) although the Defendant was subject to criminal punishment on several occasions due to drinking alcohol, he/she did not purchase mandatory insurance, and was under criminal punishment for the same kind of crime after 2012.

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