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(영문) 대전지방법원 홍성지원 2016.09.27 2016고단233
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

1. On January 27, 2016, the Defendant: (a) in violation of the Road Traffic Act (drinking driving) and violation of the Road Traffic Act (drinking driving) driven C rocketing car with alcohol content of about 0.095% while under the influence of alcohol without a driver’s license at the section of about 8km-dong Gyeongcheon-dong, Gyeongcheon-si, Gyeongcheon-do, from the front side of the front side of the front side of the main road in Bocheon-si, the Defendant driven C rocketing car with alcohol content of 0.095%.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is the owner of Crocketing passenger car.

The Defendant did not purchase mandatory insurance and operated the said car at the same time and place as the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and report on the situation of driving of drinking;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 148-2 (2) 3, 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 Damages, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of each sentence of imprisonment;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes and other conditions of sentencing indicated in the records, including the Defendant’s age, sex, environment, circumstances before and after the instant crime, and circumstances before and after the instant crime, shall be determined as ordered by taking into account all the conditions of sentencing as stated in the records.

A favorable circumstances: A more severe punishment is required for a crime that threatens the safety of road traffic, which is used by many and unspecified persons, such as each of the crimes in this case, and the defendant has a lot of records of punishment for the same crime, as well as the defendant has committed the same crime during the period of repeated crime, and is subject to two times or more of fines.

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