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(영문) 전주지방법원 정읍지원 2017.05.11 2017고단49
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 3, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act, due to the violation of the Road Traffic Act, at the Jeonju District Court’s Eup branch branch office, and on September 30, 2016, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act, due to the violation of the Road Traffic Act.

Although the Defendant had had a history of driving alcohol twice or more as above, on December 23, 2016, the Defendant driven the 124CC under the influence of alcohol content of 0.09% in alcohol without obtaining a motor device license from the first apartment road in the vicinity of the sampling tunnel, which is located in the vicinity of the same city, from the roads of the 1st apartment road in the vicinity of the sub-permanent apartment located in the front of the north-Eup, Seo-gu, Seocheon-si, 2016 to the roads in front of the shooting distance of the sampling tunnel located in the same city, and without obtaining a motor device license from around 500 meters.

2. He/she shall be prohibited from operating his/her motor vehicle on a road that is not covered by mandatory insurance for violating the Guarantee of Automobile Damage Compensation.

Nevertheless, the Defendant operated 124CC, which was not covered by mandatory insurance at the time and place mentioned in paragraph 1, on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (report on criminal records of the suspect);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a non-mandatory motor vehicle);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment of any violation of the Road Traffic Act and any violation of the Road Traffic Act, which are heavier between the crimes provided for in Articles 40 and 50 (the punishment of any violation of the Road Traffic Act and any violation of the Road Traffic Act without permission);

1. Selection of imprisonment with prison labor chosen;

1. The aggravated Criminal Act for concurrent crimes.

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