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(영문) 전주지방법원 2016.10.07 2016고단1059
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On March 27, 2015, the Defendant sentenced six months to imprisonment for a violation of the Road Traffic Act at the Jeonju District Court on March 27, 2015, and completed the execution of the sentence on November 26, 2015.

(1) On June 5, 2016, at around 15:36, the Defendant: (a) driven the CA110 Oral fab, which was not covered by mandatory insurance without a driver’s license, in a section of about 3km from the front of the sand internal market located in Jin-gu, Seojin-gu, Jin-gu, Seoul to the 3km-gu Yandong-gu 37-10 neighboring roads.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Results of the crackdown on drinking driving, the report on the circumstances of drinking drivers, the appearance of drinking drivers, etc.;

1. Investigative into the ledger of driver's licenses and errors;

1. Mandatory insurance policies;

1. Previous records: Criminal records, each investigation report (report on the results of confirmation before and after disposition, and attachment of the same criminal suspect's records to the judgment, etc.), and application of statutes governing the judgment;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on the crimes of violation of each Road Traffic Act and the crimes of violation of the Road Traffic Act of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes (Article 35 of the Act on the Aggravated Punishment, etc. of Offense of Violation of the Road Traffic Act at the Time of Sales)

1. Of concurrent crimes, among the concurrent crimes, the facts that the Defendant acknowledges all of the instant crimes, and the instant crimes are caused by the operation of a motorcycle, etc., under the favorable circumstances for sentencing Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

for any unfavorable reason.

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