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(영문) 수원지방법원 안산지원 2016.10.06 2016고단2838
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On June 7, 201, the Defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Incheon District Court on June 7, 201, and on December 29, 2015, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Vice Branch Branch Office.

【Criminal Facts】

1. On April 3, 2016, the Defendant was under the influence of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) around 0:50 on April 3, 2016, the Defendant driven C salary classd freight at Cponddon at the section of about 800 meters from the front side of the farm in the city of Heung-dong with a blood alcohol concentration of 0.085% at the city of Heung-dong without a driver’s license.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of a cargo vehicle C in pay-off loan.

No one shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the Defendant, at the same time and place as the above Paragraph (1) above, operated the above C-wing freight truck, which was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving without a license, report on the state of driving without a license, report on the state of drinking drivers, notification on the control of drinking driving, register of driver's licenses, and mandatory insurance

1. Previous records of judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a summary order and report accompanied by a copy of judgment);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing).

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