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(영문) 제주지방법원 2016.11.29 2016고단1841
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

[criminal power] On May 8, 2012, the Defendant issued a summary order of KRW 3 million at the Busan District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 3 million at the same court on June 26, 2013 for the same crime, respectively.

【Criminal Facts】

1. Around May 21, 2016, the Defendant driving a BL car under the influence of alcohol content of approximately 0.141% from the 7km section to the 7km road in front of the fishery vehicle industry company located in Han-gu, Han-do, Han-si, Han-si, Han-si, Han-do, Jeju, to the same hour from the 1st day of May 8, 2016.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a BL car.

No owner of an automobile shall operate any automobile on the road which is not covered by the mandatory insurance.

Nevertheless, the Defendant operated the said car 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. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Inquiry into mandatory insurance;

1. Records before judgment: Application of criminal records, etc., written inquiry and written summary order-related Acts and subordinate statutes;

1. Relevant legal provisions and choice of punishment for facts constituting an offense: Imprisonment with prison labor under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating without insurance), and each choice of imprisonment;

1. Aggravation for concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of summing-up of the long-term punishment for each crime);

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62(1) of the Criminal Act (The following conditions of sentencing under Article 51 of the Criminal Act, such as the statement of reasons for sentencing, shall be considered) shall be determined as ordered in consideration of all the following circumstances:

The facts constituting the crime.

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