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(영문) 청주지방법원 충주지원 2016.12.16 2016고단862
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 3 shall be confiscated, respectively.

Reasons

Punishment of the crime

[criminal power] On January 15, 2009, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving) in the Sungnam Branch of Suwon District Court. On July 29, 2009, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving) in the Chungcheong Branch of the Chungcheong District Court. On March 13, 2014, the Daejeon High Court sentenced the imprisonment of two years and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicles) and completed the execution of the sentence in the Daejeon Prison on April 17, 2016.

【Criminal Facts】

1. 도로교통법위반(음주운전) 피고인은 2016. 8. 24. 02:04경 충주시 사직로 156(문화동)에 있는 ‘사직산짬뽕’ 옆 도로부터 충주시 예성로 122에 있는 ‘충주직업전문학교’ 뒤쪽 도로까지 약 500m 구간에서 혈중알코올농도 0.137%의 술에 취한 상태로 C 그랜저 승용차를 운전하였다.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

The defendant operated the Crane car owned by the defendant who did not buy the mandatory insurance for motor vehicles at the time and place specified in paragraph (1).

3. No automobile violating the Automobile Management Act shall be operated unless it is registered in the register of automobile; and

The defendant operated the Cchip car without being registered with the competent authority, the registration of which was cancelled ex officio at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and the statement in the circumstances of drinking drivers;

1. Each protocol of seizure;

1. A motor vehicle registration certificate, each motor vehicle register, and a certificate of transfer of motor vehicle;

1. Investigation report (Binding of vehicle mandatory insurance inquiries);

1. Previous records of judgment: Criminal records, etc., investigation reports (Binding of cases during the period of repeated crimes, etc.), and application of Acts and subordinate statutes to criminal investigation reports;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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