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(영문) 춘천지방법원 속초지원 2019.09.04 2018고단486
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 one year from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On July 29, 2010, the Defendant received a summary order of KRW 1,50,000 from the Chuncheon District Court to a fine of KRW 1,500,000 as a crime of violation of the Road Traffic Act, and on August 26, 2010, the same court received a summary order of KRW 2,50,000 as a fine for a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. On November 30, 2018, the Defendant: (a) driven an E-3 vehicle while under the influence of alcohol with a blood alcohol concentration of 0.123% from a 500-meter radius from the 22:25, 2018, the 500-distance B apartment nearby the Seocho-si B apartment to the Doppppho road located in the inner city C.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. A motor vehicle owner violating the Guarantee of Automobile Accident Compensation Act was prohibited from operating a motor vehicle on a road without mandatory insurance, and the Defendant operated a KS 3 motor vehicle without mandatory insurance at the date and place specified in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), inquiry, and mandatory insurance;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports (A), investigation reports (the list, etc. of related cases and summary orders);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; and choice of imprisonment, respectively, with prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the long-term punishment for each of the crimes above is added];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act.

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