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(영문) 전주지방법원 남원지원 2017.11.07 2017고단208
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

On October 18, 2016, the Defendant was sentenced to five months of imprisonment with prison labor due to interference with the execution of official duties in the support of the Southern District Court, and on March 16, 2017, the Defendant completed the execution of the sentence in the Net Prison.

1. On June 23, 2006, the Defendant was sentenced to a fine of 4 million won due to a violation of the Road Traffic Act, etc., in the support of the Southern District Court of the Jeonju on the part of the defendant, on April 11, 2008, to a suspended sentence of 8 months for the same court on April 11, 2008, and a violation of the Road Traffic Act on November 3, 2015 due to a violation of the Road Traffic Act, etc.

On August 12, 2017, at around 17:30, the Defendant driven a 124c non-registration under the influence of alcohol concentration of about 0.161% while under the influence of alcohol without obtaining a motor device license from the section of about 200 meters from the front of the Seoul Studio to the front road of the “Coma” located in 85-2, the same rate as the “Seoul Studio”, which is located in 85-2, Namwon-si, Namwon-si, Seoul, the Defendant driven a 124c non-registration under the influence of alcohol concentration of about 200 meters.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, at the time and place specified in paragraph 1, operated an unregistered diaba, which was not covered by mandatory insurance as above.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Notification of the results of crackdown on the driving of alcohol, photographs taken by a studio and a CCTV image, and the register of driver's licenses for automobiles;

1. Previous convictions in judgment: References to inquiries, such as criminal history, personal confinement status, and application of investigation reporting statutes;

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

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (LA) are heavier between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act (LA) and the punishment.

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