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(영문) 전주지방법원 정읍지원 2018.10.16 2018고단232
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 July 20, 201, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law in the Jeonju District Court’s Eup branch court’s order on July 20, 201, and a summary order of KRW 4 million for the same crime in the same court on May 12, 2017.

[Criminal facts]

1. On May 15, 2018, the Defendant was under the influence of alcohol content of 0.145% in blood, without obtaining a driver’s license for a vehicle in violation of the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving) on May 15, 2018, the Defendant driven BM5 vehicles from approximately 700 meters in the section of about 700 meters from the front day of Love Kinin in May 9, 2015 to the front day of the 17-lane of the same Sin-Eup residential site.

2. Although the Defendant was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant driven a BM5 motor vehicle without mandatory insurance at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

1. The driver's license ledger (A);

1. Inquiry into mandatory insurance (B);

1. Report on the result of a failure to provide contact information after parking accidents and a statement in the circumstances of the driver at home;

1. Investigation reports (on-site situations, etc.);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), report on investigation (the same criminal record and confirmation of the suspect), and summary order, of three Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act; Article 46 (2) 2 and the main sentence of 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 (a punishment for a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act (non-licenseed Driving), and a crime of violating the Road Traffic Act which has heavier punishment);

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act [the punishment shall be heavier.]

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