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(영문) 광주지방법원 순천지원 2016.09.28 2016고단367
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On October 13, 2006, the defendant was sentenced to imprisonment for five months for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of Road Traffic Act (refluence of measurement), etc. on October 19, 2007 by the same court as on October 19, 2007, and sentenced to a summary order of a fine of three million won for a violation of Road Traffic Act (refluence of drinking), and on April 18, 2008 by the same court as on April 18, 2008, the defendant was sentenced to imprisonment for four months for a violation of Road Traffic Act (unlicensed driving) and was sentenced to imprisonment for the same court on January 20, 2010.

[Criminal facts]

1. On January 12, 2016, the Defendant driving a B rocketing car under the influence of alcohol content of about 0.167% in blood without obtaining a driver’s license from the front of the white school located in the Manyang-ro (Jondong) at around 01:40, in the same city, from the front of the Mandong-ro (Jondong) to the front of the Mandong-ro 9-ro (Jondong), and without obtaining a driver’s license from the front of the second apartment house in the same city.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. The Defendant violated the Guarantee of Automobile Compensation Act, as the owner of the said car, operated the said car without mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

The defendant's legal statement drinking driving control results, the driver's statement report, the driver's license ledger, information not covered by mandatory insurance, and previous records of the ruling of mandatory insurance: Application of the provisions of Part IV of the judgment and summary order, such as criminal history.

1. Article 148-2(1)1, Article 44(1) of the Road Traffic Act (the point of drinking alcohol), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Articles 46(2)2 and 8 of the Guarantee of Automobile Compensation Act (the mandatory insurance)

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