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(영문) 광주지방법원 순천지원 2015.04.29 2014고단2287
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 5, 2008, the defendant was sentenced to a suspended sentence for six months by imprisonment with labor for a violation of the Road Traffic Act in the Gwangju District Court's net support on December 5, 2008, and on May 10, 2010, the defendant was sentenced to a summary order of a fine of three million won by the same court for a violation of the Road Traffic Act, and the criminal records of the violation of the Road Traffic Act are two times or more.

On November 30, 2014, at around 20:40, the Defendant driven a DPoter II 1 ton cargo vehicle not covered by mandatory insurance in the state of alcohol with approximately KRW 7km from the front road of the Defendant’s house located in Goak-gun, Goung-gun, Goung-gun, to the front road of the same class of the Heungdong-gu, Goung-gun, Goung-gun, with the blood alcohol content of at least 0.102%.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspects in violation of the Road Traffic Act, report on the circumstantial statement of a drinking driver, circumstantial report of a drinking driver, and inquiry into the results of the crackdown on drinking driving;

1. Mandatory insurance policies;

1. Previous records of judgment: Criminal history records, investigation reports (report attached to previous records, court rulings, etc.), one copy of judgment, and one copy of summary order application;

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), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of failing to subscribe mandatory insurance) and the choice of imprisonment, respectively;

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

1. The sentencing of sentencing under Articles 53 and 55(1)3 of the Criminal Act is 4 times the same criminal records as those of the crime of violation of the Road Traffic Act on the grounds of discretionary mitigation, the suspension of the execution of which is above four times, and the driving without mandatory insurance, and the blood alcohol concentration is relatively high, and all other sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, and environment, shall be determined in the same manner as the disposition.

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