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(영문) 대전지방법원 홍성지원 2017.02.15 2016고단799
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 20, 201, the Defendant was sentenced to a summary order of KRW 1 million for a violation of road traffic law (driving alcohol), etc. on August 1, 201, the Defendant issued a summary order of KRW 2 million for the same crime in the same court on August 1, 2013, and on May 13, 2015, the Defendant was sentenced to a suspended sentence of KRW 2 million for the same crime in the same court on October 21, and the said judgment became final and conclusive on the 21st of the same month.

1. On October 17, 2016, the Defendant, who violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) had had had the record of being punished for driving under the influence of alcohol more than twice as above, driving a DNA motor bicycle without a motor device license, in the direction of about 15 km from the Defendant’s house located in Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, to the west-do west-ro west-ro, Seocheon-gun, Seocheon-gun, Seocheon-gun, the Defendant driven a DNA motor bicycle without a motor device license, in the direction of about 15 km to the 0.220% alcohol concentration in blood.

2. The Defendant violated the Guarantee of Automobile Compensation Act, as the owner of the above engine device, operated the bicycle without mandatory insurance, at the same time and place as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, the ledger of driver's licenses, inquiries about mandatory insurance, response to requests for appraisal, and report on the detection of drivers engaged in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Evidence List Nos. 35), judgment, and summary order-making statute;

1. Article 148-2 (1) 1 and 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 violation of the Guarantee of Automobile Compensation);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount are as follows.

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