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(영문) 대전지방법원 공주지원 2015.10.02 2015고단229
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On August 14, 2008, the defendant was notified of a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the public support of the Daejeon District Court on August 14, 2008, and a summary order of KRW 3 million for the same crime from the same support on November 16, 2012.

[Criminal] The Defendant was under the influence of 0.110% of blood alcohol level without obtaining a driver’s license, and operated a CKaren car without being covered by mandatory insurance, as the Defendant’s spouse, on July 4, 2015, at the front of a restaurant in front of the mutual cafeteria, “Se-si,” a “Se-si,” which is located in the New Sin-si, Cheong-si, Cheong-si, and the front day of “Se-si, Se-si,” located in the same e-mail.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, once again drives a motor vehicle while under influence of alcohol in violation of Article 44 (1) of the Road Traffic Act, while driving a motor vehicle without obtaining a driver's license, and driving a motor vehicle not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, details of crackdown, and results of the crackdown on drinking;

1. Registers of driver's licenses;

1. Each mandatory insurance policy;

1. On-site photographs;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (part of summary order of sound records) and other Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of penalty;

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