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(영문) 대전지방법원 서산지원 2016.09.08 2016고단413
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On April 12, 2007, the Defendant was sentenced to a suspended sentence of three years for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on August 12, 2007. On December 13, 2013, the same court issued a summary order of 1,50,000 won for a violation of the Road Traffic Act. On September 10, 2015, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act, and on September 18, 2015, the said court was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act.

1. On May 2, 2016, the Defendant was driving Cpoter cargo under the influence of alcohol by 0.232% without obtaining a driver’s license in the section of about 200 meters from the front of the Seodaemun-si in Seosan City to the front of the Large Pungsi Station located on the same side.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the above provision as a person who has violated the prohibition of drinking without obtaining a driver's license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act as the holder of C Poter Cargo, and operated the said cargo without purchasing mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the statement of the situation of a drinking driver, photographs related to drinking driving, and CCTV images of a drinking-driving;

1. Registers of driver's licenses and mandatory insurance;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment, etc.);

1. Relevant statutory driving for a crime: The point of driving without a license under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act: The point of operating a vehicle which is not mandatory insurance under Articles 152 subparagraph 1 and 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;

1. Selection of each sentence of imprisonment;

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