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(영문) 인천지방법원 2013.09.05 2013고단2836
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 27, 201, the Defendant in violation of the Road Traffic Act was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act by the Incheon District Court on May 5, 201, and the judgment became final and conclusive on May 5, 201. On May 17, 2010, the same court issued a summary order of two million won under the same crime in the same court on May 17, 201, and on October 8, 2008.

On May 4, 2013, the Defendant, who was punished twice or more due to drunk driving, was driving Cone Star car under the influence of alcohol content of 0.140% from the back of the Cheongnam-dong, Yeonsu-gu, Incheon Metropolitan City Cheongnam-do to the front of the same Mascoo-dong, with the alcohol content of 30 meters from the 30-meter section.

2. A motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on which mandatory insurance is not subscribed.

The defendant was to operate the car insurance premium, oil value, automobile tax, etc. on the above-owned vans.

The Defendant, as seen above, driven the above vans that were not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspects in violation of the Road Traffic Act and field photographs;

1. Notification of the results of the crackdown on drinking driving, the report on the situation of a drinking driver, and the inquiry into the results of the crackdown on drinking driving;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (report attached to judgments);

1. Relevant statutory driving for a crime: Operation of non-insurance vehicles under Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act: Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the punishment for concurrent crimes is aggravated within the scope of punishment calculated by adding up the maximum term of the crimes of violation of the Road Traffic Act which are heavier than the punishment prescribed by the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Article 53 of the Criminal Act for discretionary mitigation.

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