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(영문) 수원지방법원 평택지원 2018.08.23 2018고단675
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant, at the Incheon District Court on August 16, 2006, issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), on May 11, 201, issued a summary order of KRW 2 million for the same crime at the same court on May 11, 201, and on May 11, 201, issued a summary order of KRW 2 million for the same crime by the same court on May 11, 201, and was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (drinking driving) at least twice for the same crime.

1. On December 31, 2017, the Defendant: (a) driven a Bco-ray truck while under the influence of alcohol content of about 0.115% from the 1km section from the 3rd to the 1km of the same Eup/Myeon, Gyeonggi-si, and the 52nd road from the 1km road from the 22:00 on the 22:0 on December 31, 2017, without obtaining a driver’s license; and (b) the Defendant driven a Bco-ray truck with alcohol content of about 0.115% on the blood.

2. The Defendant, in violation of the Guarantee of Automobile Compensation for Damages, is also a person who owns a bareboat cargo vehicle.

No one shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the defendant operated the above cargo vehicle that was not covered by mandatory insurance as described in the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Notification of the results of drinking control, driver's license register, and mandatory insurance;

1. References to inquiries, such as criminal history, and the application of the judgment text;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating a motor vehicle which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act and the choice of a sentence, and the choice of imprisonment, respectively;

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 defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount of punishment are revoked by driving under influence of alcohol.

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