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(영문) 대전지방법원 천안지원 2018.11.30 2018고단2323
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On August 30, 2016, the Defendant was sentenced to a summary order of a fine of two million won for a violation of road traffic law in the support of the Daejeon District Court on August 30, 2016, and on September 6, 2016, the Defendant was sentenced to a suspended sentence of one year for a period of four months for a violation of road traffic law.

1. The Defendant had the history of criminal punishment for a violation of the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) more than twice as above. On July 13, 2018, around 03:25, the Defendant driven a B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, driving a motor vehicle of soflurt on the road, which was 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. Statement made by the police against C;

1. A report on the circumstances of the driver at home;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. On-site photographs;

1. Previous convictions in the judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (Attachment to the same type of judgment, etc.);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are as follows: (a) the Defendant, as stated in his/her previous conviction, has committed traffic-related crimes, including driving of light drinking in 2016.

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