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(영문) 수원지방법원 안산지원 2016.05.31 2016고단734
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

A criminal record is a person who has been sentenced to 6 months of imprisonment and 2 years of suspended execution on February 13, 2013 for a violation of road traffic law in the support of the Friwon Friju on February 13, 2013, and has been sentenced to 6 times the same criminal record.

Criminal facts

1. On March 4, 2016, the Defendant, while under the influence of alcohol 07:20% of the alcohol level among blood transfusion, driven an Ivoking car from the frontway in Ansan-si, Ansan-si, the upper part of which is about 1km from March 4, 2016 to the frontway in Ansan-si, the upper part of which is about 0.101%, to March 4, 2016.

2. No owner of an automobile violating the Guarantee of Automobile Compensation for Loss shall operate an automobile not covered by mandatory insurance;

Nevertheless, on March 4, 2016, the Defendant owned Ichip car and operated the Ichip car without mandatory insurance from the frontway of G in the Gu F of the Y of Ansan-si around 07:20 on March 4, 2016 to the front day of the Hachip City, Ansan-si around 07:30 on March 4, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A circumstantial report on a drinking driver, a response to a request for appraisal, and a report on the detection of the driver;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, Article 148-2 subparag. 2 of the Road Traffic Act (the point of drinking alcohol), Article 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not mandatory insurance), and the choice of imprisonment, respectively;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and other conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, sex, environment, and circumstances before and after the instant crime, shall be determined by comprehensively taking into account all the conditions of sentencing as stated in the records.

It is against the rule of law.

The suspension of the execution of one time due to drinking driving, a fine of two times, a fine of three times due to driving without a license (excluding the frequency of punishment for concurrent crimes with drinking driving), and a single sentence for a crime, a one-time suspended execution, and a one-time suspended execution.

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