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(영문) 서울서부지방법원 2018.01.11 2017고단3109
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 23, 2010, the Defendant was issued a summary order of KRW 2,500,000 as a crime of violating the Road Traffic Act (drinking) at a high-level district court support on the road traffic on August 23, 2010. On March 18, 2013, the Defendant was issued a summary order of KRW 2,50,000 as a crime of violating the Road Traffic Act (drinking) at a high-level district court support.

On September 22, 2017, the Defendant driven B K7 motor vehicles under the influence of alcohol content of about 0.089% from 2km to 0.089%, on the road front of the police station of the Daegu Northern-dong, Daegu Northern-do, Daegu Northern-do, from the road of the police station of the Daegu Northern-do to the Gyeongcheon-gu, Daegu Northern-do, Daegu-do, the Defendant driven the B K7 motor vehicles under the influence of alcohol content of 0.089% in blood.

2. On September 22, 2017, the Defendant violated the Guarantee of Automobile Compensation Act: (a) operated BK7 automobiles not covered by mandatory insurance on the front side of the Gyeong-gu Gyeong-gu, Daegu Northern-gu, Daegu-gu, Daegu-gu, Gyeongdong-gu, Gyeongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Inquiry into chassis and mandatory insurance;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, investigation reports (two-time drinking driving records), and other Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating cars which are not mandatory insurance and the choice of imprisonment);

1. Aggravation of concurrent crimes by concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the sum of the long-term punishments of the above two crimes];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that the defendant will not repeat the crime of this case, the defendant will live together with his children as a basic recipient of daily life, the degree of the defendant's principal head, and the defendant's person.

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