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(영문) 전주지방법원 남원지원 2018.01.30 2017고단291
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

[criminal history] On August 3, 2006, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of road traffic law in the support of the Southern District Court of the Jeonju on August 3, 2006, and was sentenced to a fine of KRW 3 million in the same court on November 6, 2015. On October 4, 2016, the same court was sentenced to a suspended sentence of imprisonment for 6 months due to a crime of violation of road traffic law (drinking) and was sentenced to a suspended sentence of 2 years on October 12, 2016.

[Criminal facts]

1. On October 28, 2017, the Defendant driven C Daek 5 F125cc obaba under the influence of alcohol with approximately 100 meters alcohol concentration 0.110% while under the influence of alcohol, without obtaining a motor device license, from the front side of the Green Stack-gun, Chungcheongnam-gun, Seoul, the right to use a motor device at approximately 100 meters away from the front side of the Green Stack-gun, the right to use a motor device at approximately 13:34, the right to use a motor device at the right to use the motor device at the right to use the motor device at the right to use the motor device at the right to use the motor device at the right to use it.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act operated the above Oral Ba which was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving, the driver's license register, and mandatory insurance;

1. Previous convictions in judgment: Application of inquiry requests, such as criminal history, investigation reporting Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a motor vehicle which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. The following circumstances are the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing), and the Defendant’s age, occupation, sex, family relationship.

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