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(영문) 서울서부지방법원 2018.05.15 2018고단410
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On September 28, 2016, the Defendant was issued a summary order of KRW 4,000,000 as a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court on September 28, 201, and on April 6, 2017, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Seoul Western District Court on April 6, 2017, and the said judgment became final and conclusive on April 14, 2017.

[Criminal facts]

1. On August 17, 2017, the Defendant was under the influence of alcohol by 0.341% of alcohol while driving a motor device and bicycle at around 14:10 on August 17, 2017 without obtaining a driver’s license for a bicycle, and driving a CVT 125 Obane in the 1km section from the 36-5-ro, Yongsan-gu, Seoul, to the 79-ro, the same 4-lane.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act operated CV 125CC, which was owned by the Defendant, without mandatory insurance, at the time and place specified in paragraph 1, as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) and reporting of a traffic accident (2);

1. Report on detection of drivers engaged in driving, register of drivers' licenses, and mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous one and a copy of the judgment);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

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 defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount.

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