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(영문) 서울북부지방법원 2018.06.14 2018고단1453
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On September 23, 2013, the Defendant was issued a summary order of KRW 4 million by the Seoul Northern District Court for a violation of Road Traffic Act (drinking driving), and on July 6, 2015, the Defendant was issued a fine of KRW 3 million with a summary order of KRW 4 million due to a violation of Road Traffic Act (drinking driving).

On March 14, 2018, while under the influence of alcohol leveling 0.157% among blood alcohol leveling around 00:05, the Defendant driven CK5 cars under the influence of alcohol leveling 0.157% from the CK-5m alcohol leveling from the CK-5m alcohol leveling to the downside of the main road located in the Dong-ro, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, to the 432-ro, Nowon-gu, Seoul Special Metropolitan City Nowon-gu.

Therefore, even though the Defendant violated the prohibition clause on drinking at least twice, he again driven a motor vehicle while under the influence of alcohol.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, Defendant 1 driven CK5 automobiles which are not covered by mandatory insurance at the same time and place as stated in the above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident;

1. A report on the detection of a primary driver;

1. Inquiry into mandatory insurance;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating vehicles which are not mandatory insurance), the selection of imprisonment with prison labor;

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 on the suspended execution;

1. The Defendant, on the grounds of the observation of protection and the provision of community service order Article 62-2 of the Criminal Act, has already been punished for two times or more or for drinking driving.

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