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(영문) 대전지방법원 홍성지원 2018.07.11 2018고단275
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 14, 2008, the Defendant issued a summary order of KRW 500,000,000,000,000 as a fine for the same crime from the Hongsung branch of the Daejeon District Court on June 8, 2011, from the Hongsung branch of the Daejeon District Court on September 1, 201 to a fine of KRW 2,00,000 as a fine for the same crime, and on April 30, 201, from the Hongsung branch of the Daejeon District Court on April 30, 205 to a summary order of KRW 6,00,000 as a fine for the same crime.

Criminal facts

Although the Defendant had been punished for drinking more than twice as above, the Defendant driven a E-L-type car that was not covered by mandatory insurance without obtaining a driver’s license from the front side of the Hong-gun Hong-gun, Hongsung to about 10km from the front side of the road of the Chungcheongnam-gun, Chungcheongnam-do, to the expiration distance of 10km, on December 4, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Photographs related to the case;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, written indictment, search output of Supreme Court Na case, summary order, and results of integrated search;

1. Articles 148-2(1)1, 44(1)1, 152 subparag. 1, and 43 of the Road Traffic Act concerning facts constituting an offense, and Article 46(2)2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (a point of operating an automobile with no mandatory insurance)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is judged with the largest punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume are as follows: (a) the Defendant is not only a person prior to multiple times of drinking, but also a person who has a long distance drinking again without any awareness or self-esteem at ten days after he/she causes an accident due to drinking.

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