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(영문) 전주지방법원 정읍지원 2018.10.30 2018고단297
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 March 14, 2016, the Defendant was issued a summary order of a fine of three million won for a crime of violating road traffic laws at regular Eup support of the Jeonju District Court on March 14, 2016, and on May 30, 2016, the Defendant was issued a summary order of a fine of four million won for a crime of violating road traffic laws (driving under drinking) in the same court.

[2] On June 30, 2018, around 20:50, the Defendant driven the C-T 100 Oral Sea, which was not covered by mandatory insurance, under the influence of alcohol content of approximately 0.158% from the portion of approximately 100 meters of alcohol during blood, to the 100-dong-ro 100 Oral-ro 100 Oral-ro cat, which was under the influence of alcohol on the roads where “Graindo” food in the Gidong-Eup, Seodong-gu, Chungcheongnam-do.

As a result, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, was driving an Oral ba which was not covered by mandatory insurance under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. A report on internal investigation (a police officer's statement and a police officer's statement);

1. Inquiry into mandatory insurance (C);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of summary order);

1. Selection of criminal facts under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and each of the imprisonment options under Article 148-2 of the relevant Act;

1. Aggravation of concurrent crimes resulting from the crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of each crime) of the same Act as aggravated concurrent crimes;

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, such as protection observation, community service, and order to attend a lecture, are as follows: (a) the Defendant is under the influence of alcohol at a rate of 0.158% in blood, even though he/she had been punished for a drinking crime in the past two times or more as stated in its reasoning.

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