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(영문) 전주지방법원 정읍지원 2016.07.12 2016고단122
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 7, 2006, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of road traffic law (driving alcohol), etc. on November 14, 2008, and a summary order of KRW 4 million for a violation of road traffic law (driving alcohol) was issued on November 14, 2008 at regular Eup branch of the Jeonju District Court. On September 10, 2009, the Defendant was sentenced to a suspended sentence of one year for six months for a violation of road traffic law (driving alcohol) in the Jeonju District Court’s Eup branch of Eup.

[Criminal facts]

1. Although the Defendant violated the Road Traffic Act (driving) had been subject to punishment twice or more due to driving of alcohol as above, the Defendant driven a B-learning car under the influence of alcohol concentration of about 0.089% from the 3km section of the blood alcohol level from the road in front of the center frequency of regular Eup/Myeon on February 17, 2016 to the son, which is located in about 2:40 square meters from the road in front of the city of regular Eup/Eup/Myeon to the Navion road.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

The Defendant operated a B-learning car that did not subscribe to mandatory insurance at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared C (the occurrence of any traffic accident);

1. Report on a traffic accident, report on the circumstances of the driver at the main place (A), and report on the detection of the driver at the main place (A);

1. Inquiry into mandatory insurance (B);

1. On-site photographs;

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations (Attachment to the same criminal suspect's judgments, etc

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1, 44 (1) (in cases of drinking) of the Road Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act, and selection of imprisonment, respectively;

1. Aggravation of concurrent crimes by concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act [the above two crimes shall be aggravated.]

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