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(영문) 수원지방법원 2015.04.23 2015고단580
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above imprisonment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal record] The defendant is a person who has violated Article 44 (1) of the Road Traffic Act two times or more by receiving a decision to forward the case from the Suwon District Prosecutors' Office on November 13, 2007 to the Juvenile Department on two occasions.

【Criminal Facts】

1. Violation of the Road Traffic Act;

A. At around 08:50 on January 2, 2015, the Defendant driven B rocketing car at approximately 100 meters from the front of the Hean apartment road located in the Suwon-gu, Suwon-gu, Suwon-gu, 58-ro, Suwon-si, to the front road of about 92 No. 26, the same water day.

B. On January 13, 2015, at around 09:35, the Defendant driven the said rocketing car at approximately 300 meters from the front day of the water-source 74-ro 74-gil, the Hanwon-gu, Sucheon-gu, Sucheon-gu, Suwon-si, to the front day of the water-source 75-gil, while under the influence of alcohol by 0.124% of blood alcohol concentration.

2. Violation of the Guarantee of Automobile Accident Compensation Act;

A. The Defendant driven the said rocketing car without mandatory insurance at the time and place specified in paragraph 1(a).

B. The Defendant driven the said rocketing car, which was not covered by mandatory insurance at the time and place specified in Paragraph 1(b).

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver and the place of measurement and output of drinking, notification of the results of the crackdown on drinking driving, and so on;

1. Each mandatory insurance policy;

1. Previous records of judgment: The application of Acts and subordinate statutes to reply to inquiries into criminal records, etc. and investigation reports (Attachment of a copy of opinions);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of driving a motor vehicle under influence), Articles 46 (2) 2, 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating a motor vehicle without insurance), and choice of imprisonment for each sentence;

1. The former part of Article 37, Article 38 (1) 2, the proviso of Article 50, and the proviso to Article 42 of the Criminal Act among concurrent crimes shall be the largest punishment;

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