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(영문) 전주지방법원 군산지원 2018.11.07 2018고단589
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 20, 2006, the Defendant was issued a summary order of KRW 1,00,000 as a fine for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court, and on June 8, 2016, the same court issued a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act.

[Criminal facts]

1. On March 22, 2018, the Defendant violated Article 44(1) of the Road Traffic Act at least twice as seen above and driven a B-V4 vehicle under the influence of alcohol level of approximately 0.060% from the 200 meters away from the 200-meter section of alcohol level to the 0.060% away from the 200-meter road in front of the 200-round the 0.060-round the 200-round the 200-round the 200-round the 200-round the 20-round the 20-round the 20-round her mouth.

2. Any person who violates the Guarantee of Automobile Damage Compensation Act shall not operate a motor vehicle on the road which is not covered by mandatory insurance, and the defendant is a person holding a motor vehicle in Category C, B, third RaV4.

Nevertheless, on March 22, 2018, the Defendant driven the said car without mandatory insurance from the new apartment parking lot located in the Sinsan City of 21:20 on March 22, 2018 through a restaurant with the trade name located in the Sinsan-dong of the Sinsan-si of the Sinsan-si via a restaurant with no knowledge of the trade name in the Sinsan-si of the Sinsan-si of the Sinsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report, investigation report (report on the situation of the driver in charge of driving), inquiry about the results of crackdown on drinking driving, internal investigation report (related to the cases of violation of the Guarantee of Automobile Compensation), notification on the results of mandatory insurance inquiry, drinking control, and the ledger of driver's licenses;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (verification of criminal history of the same kind), - Application of two copies of the decision of summary order;

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense; Articles 46(2) and 8 of the Guarantee of Automobile Compensation Act.

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