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(영문) 대전지방법원 2018.06.04 2018고단1005
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 record] On July 29, 2008, the Defendant was issued a summary order of one million won or more for a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court on July 29, 2008, and on March 19, 2010, the Defendant was issued a summary order of two million won or more for the same crime by the same court.

[Criminal facts]

1. The Defendant, who violated the Traffic Act on the Road, has the record of being punished twice due to the drinking driving as above.

A. On March 11, 2018, at around 12:40, the Defendant driven C low alcohol while under the influence of alcohol content of approximately 0.134% at a section of about 4 km from the front of the senior citizens center located in the Daejeon Pung-dong, Daejeon Pung-gu, to the Jail Agricultural Parking Lot located in the Daejeon Pung-dong.

B. The Defendant, around 15:10 on the same day, driven a low alcohol vehicle with a alcohol level of 0.113% from the section of about 3 km to the roads 750-3 times in Daejeon U.S., Seosung-gu, Daejeon U.S., at around 15:10 on the same day.

2. The Defendant violated the Guarantee of Automobile Compensation Act, as a person who owns a vehicle with C investment vehicle, operated the said vehicle without purchasing the mandatory insurance at the same time and place as stated in paragraphs 1 and 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of drinking alcohol, notification of the results of regulating driving of drinking alcohol, a statement of the circumstances of the driver of drinking alcohol and a report on the circumstances of the driver of drinking;

1. Inquiry into mandatory insurance;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to a reply, such as attachment of the summary order of the same case and criminal history;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (referring to drinking) of the Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of imprisonment with prison labor;

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

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

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

1. The community service order and the like;

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