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(영문) 의정부지방법원 고양지원 2018.03.22 2018고단132
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving in Drinking) at the Goyang Branch of the Jung-gu District Court on September 30, 2014. On January 8, 2018, the charges of the crime of violating the Road Traffic Act (driving in Drinking) by the same court on January 8, 2018 are as follows: the Defendant driven a son car under the influence of alcohol from approximately 50 meters to the front road of the Handong-gu, Seoyang-gu, Seoyang-gu, U.S., Seoyang-gu, Seoyang-gu, U.S. 86 to the front road.

A summary order of KRW 3 million has been issued.

[Criminal facts]

1. On December 10, 2017, the Defendant driving a B-on car under the influence of alcohol content of about 0.340% from the 5km section of approximately 5km to the roads located at approximately 402 o-ro 3 of the same Gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, to the high speed of 04:00 on December 10, 201.

As a result, the defendant was driven under the influence of alcohol even though he had the power of driving more than twice while under the influence of alcohol.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated the said B car without mandatory insurance at the above date, time, and place; and (b) operated the car.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident, on-site photographs, notification of the results of crackdown on drinking driving, report on the circumstances of the driver placed at home, response to due request for identification, report on detection of the driver placed at home, and inquiry into the mandatory insurance;

1. References to inquiries, such as criminal history, investigation report (Attachment of a summary order to the same criminal suspect's records), application of Acts and subordinate statutes attached to summary order 2;

1. Relevant Article of the Act concerning the facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating mandatory insurance and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.

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