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(영문) 전주지방법원 정읍지원 2016.09.29 2016고단346
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 12, 201, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1,500,000 due to a violation of road traffic law (dacting driving) at regular Eup support of the Jeonju District Court, and on April 28, 201, the Defendant was issued a summary order of KRW 1,50,000 with a fine of KRW 1,50,000 due to a violation of road traffic law (dacting driving

[Criminal facts]

1. On June 23, 2016, the Defendant: (a) driven the Daba in a section of approximately 200 meters from the front of the office of the armed forces located in the Go Chang-gun, Chang Chang-gun, Gowon-gun to the front of the office of the 200-meter Haba, while under the influence of 0.133% of alcohol during blood alcohol without obtaining a bicycle license for a motor device at around 18:10 on June 23, 2016, even though he/she had a history of driving two or more times of drinking; (b) the Defendant driven the Daba in the same section from the front of the office of the personnel located in the Go Chang-

2. He/she shall be prohibited from operating his/her motor vehicle on a road that is not covered by mandatory insurance for violating the Guarantee of Automobile Damage Compensation.

Nevertheless, the Defendant operated Obaon on the road, which is not covered by mandatory insurance, at the time and place specified in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Whether the situation report on the driver's oral statement and the details of use of the measuring instrument for drinking are printed out;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, and Article 8 of the Guarantee of Automobile Compensation Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment of any violation of the Road Traffic Act and any violation of the Road Traffic Act, which are heavier between the crimes provided for in Articles 40 and 50 (the punishment of any violation of the Road Traffic Act and any violation of the Road Traffic Act without permission);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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