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(영문) 수원지방법원 여주지원 2016.06.29 2016고단284
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 25, 2008, the Defendant was issued a summary order of KRW 3 million for a violation of road traffic law (drinking driving), etc. on the part of the Friwon Friju, and on January 22, 2016, the Defendant was issued a summary order of KRW 5 million for a violation of road traffic law (drinking driving) in the Friju support.

[Criminal facts]

1. On March 16, 2016, the Defendant was under the influence of alcohol of 0.085% in blood while driving a vehicle at around 22:20 on March 16, 2016 without obtaining a driver’s license for a vehicle, the Defendant driven a RaX-V car with approximately 500 meters D-V car from the front of the “fluoral pridge” road in Ischeon-si, Echeon-si, Ebri-si, Ebridong, Ebri-si, Ebri-si.

2. Although the owner of a motor vehicle violating the Guarantee of Automobile Compensation Act was prohibited from operating a motor vehicle on the road which was not covered by mandatory insurance, the Defendant operated a CRX-V motor vehicle at the same date and time as that of paragraph 1, and at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home and the statement on the circumstances of driving at home;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment of judgments on the same kind of criminal records);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (only between a violation of traffic laws on roads and a violation of traffic laws on roads);

1. Selection of each sentence of imprisonment;

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

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