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(영문) 서울서부지방법원 2016.11.15 2016고단3047
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 19, 2008, the Defendant appears to have written indictment of KRW 1.5 million for the violation of the Road Traffic Act (driving without a license) and the violation of the Road Traffic Act (driving without a license) at the Seoul Western District Court on the grounds of a fine of KRW 1.5 million for the violation of the Road Traffic Act (driving without a license) and a fine of KRW 1.5 million for the violation of the Road Traffic Act (driving without a license) at the Changwon District Court on September 29, 2009.

(2) On September 23, 2016, the Defendant had the power to be punished. On September 23, 2016, at around 21:15, while under the influence of alcohol at 0.150% in blood alcohol concentration, the Defendant driven C C C C CTB (10c) in the section of approximately 500 meters in the direction from the Seongbuk-gu in Seoul to the front road of about 245-27.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance for motor vehicles;

Nevertheless, the Defendant operated the foregoing automobile which was not covered by mandatory insurance at a temporary location such as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Control note, registration statement statement statement, automobile driving certificate, etc.; and

1. Records of judgment: Application of criminal records, reply reports, and records of the control of drinking driving and other Acts and subordinate statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes (a punishment imposed for a violation of the Road Traffic Act and a violation of the Road Traffic Act (a without a license) and a violation of the Road Traffic Act (a punishment imposed for a violation of the Road Traffic Act with heavier punishment);

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. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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