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(영문) 수원지방법원 여주지원 2015.10.06 2015고단692
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On October 21, 2014, the Defendant issued a summary order of a fine of three million won at the Seoul Eastern District Court for a violation of the Road Traffic Act, and on November 12, 2014, issued a summary order of a fine of three million won at the Seoul Northern District Court for the same crime and violated Article 44(1) of the Road Traffic Act at least twice.

1. Around 01:50 on July 17, 2015, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) did not obtain a driving license with a blood alcohol concentration of 0.203% while under the influence of alcohol on July 17, 2015, and did not cut off the automobiles of D Spart on the road front of the convenience store located in Gyeonggi-si B.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a vehicle in a D Stity area.

The Defendant operated a D SP car that was not covered by mandatory insurance at the time and place specified in the above Paragraph 1, as stated in the foregoing Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Notification of the control results of drinking driving, and a report on the state of drinking drivers;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 imprisonment with labor for a violation of the Road Traffic Act or the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the crime of violation of the Road Traffic Act with heavier punishment (the crime of running sound driving)];

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