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(영문) 춘천지방법원 강릉지원 2015.10.28 2015고단936
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On July 13, 2009, the Defendant was issued a summary order of KRW 500,000,000,000,000,000,000,000,000 won by committing a violation of the Road Traffic Act in the Daegu District Court and its branch court, and on August 10, 2012, the Defendant was issued a summary order of KRW 5 million.

【Criminal Facts】

1. 도로교통법위반(음주운전) 피고인은 2015. 8. 28. 22:00경 동해시 천곡동에 있는 다복식당 앞에서부터 같은 동에 있는 ‘시골쌈밥촌’ 앞 노상에 이르기까지 약 500m 구간을 혈중알코올농도 0.186%의 술에 취한 상태로 B 카니발 승용차를 운전하였다.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

2. The defendant in violation of the Guarantee of Automobile Accident Compensation Act shall not operate any motor vehicle on the road, which is a holder of a B car rental certificate, or which is not covered by mandatory insurance;

Nevertheless, the defendant operated the car with the car that is not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the situation of drinking driving, report on the situation of drinking driving, and mandatory insurance;

1. Previous records of judgment: Criminal records, inquiry reports, and application of two-yearly Acts and subordinate statutes of the judgment;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), Articles 46 (2) 2, 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments for the crimes of the two crimes);

1. Article 62 (1) of the Criminal Act (which reflects the fact that there is no criminal record of the stay of execution or more);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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