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(영문) 광주지방법원 순천지원 2021.02.18 2020고단2757
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 16, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of road traffic law at the Seocheon Branch of the Daejeon District Court, and a summary order of KRW 1,50,000 as a fine for a violation of road traffic law at the Seocheon Branch of the Daejeon District Court on March 18, 2013, respectively.

[Criminal facts]

1. On October 24, 2020, the Defendant driven a large-scale large-scale emulhion administration in a state of under the influence of alcohol level of about 0.078% from the blood alcohol level of about 800 meters at a section of approximately 800 meters from the south-si B in the south-si city.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant operated an off-registration e-mail e-mail, which was not covered by mandatory insurance, at the time and place described in paragraph 1, as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving under drinking, and photographs of the suspect;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (amended by Act No. 17371 of Jun. 9, 202), and each decision to punish imprisonment with labor

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

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s blood alcohol concentration at the time of the instant case; (b) the Defendant’s age, sexual intercourse, environment, criminal records (which had been sentenced to fines several times due to the same kind of crime); (c) the driving distance of alcohol; and (d) the circumstances after the crime.

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