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(영문) 대전지방법원 2015.11.24 2015고단2691
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 12, 2014, the Defendant issued a summary order of KRW 2 million to the Daejeon District Court due to a violation of the Road Traffic Act (driving) and a summary order of KRW 2.5 million to the same court on October 6, 2014.

1. Around 02:20 on July 17, 2015, the Defendant driven a non-registered motor vehicle at a section of about 1km from the central road near the Daejeon Middle-gu Central Market, which is engaged in conduct to drive a motor vehicle while under the influence of alcohol by 0.188% of the blood alcohol concentration without a motorcycle driver’s license.

Accordingly, the defendant, who has violated the prohibition of drunk driving not less than twice, drives a motor vehicle under the influence of alcohol in violation of the above provision, and simultaneously drives it without a driver's license for a motorcycle.

2. The Defendant violating the Guarantee of Automobile Accident Compensation Act is the above motorcycle owner.

On July 17, 2015, at around 02:20, the Defendant driven the above motorcycle, which was not mandatory insurance, at an open door or frontway in the Daejeon Middle-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Taking lectures and community service orders on the grounds of not less than Article 62-2 of the Criminal Act;

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