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(영문) 광주지방법원 장흥지원 2018.01.11 2017고단239
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On October 30, 2014, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of road traffic law in the Gwangju District Court's support on October 30, 2014, and was sentenced to a suspended sentence of two years for the same crime in the same court on October 20, 2016, and completed the execution of the sentence in the Gwangju District Court on May 29, 2017.

[Criminal facts]

1. On November 6, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) on two or more occasions, and driving CODI Orala (49CC) under the influence of alcohol while under the influence of 0.098% alcohol concentration at approximately 50 meters in front of the public service center of the Gangnam Police Station, which is located in the Gangnam-gun of the Namjin-gun of the Republic of Korea prior to November 17:15, 2017, from the 119th day of the Jinjin-gun Police Station in front of the 119th day of the Eup’s search, without obtaining a motor device license.

2. The defendant in violation of the Guarantee of Automobile Compensation Act is the actual holder of the above CODRI two-wheeled motor vehicle, and the motor vehicle not covered by mandatory insurance shall not be operated on the road;

Nevertheless, the defendant operated the automobile which was not covered by mandatory insurance at the time and place mentioned in the above Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. To inquire into the situation report of the driver who is placed in the principal place, the driver's license register, and mandatory insurance;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report on confirmation, such as the period of suspect, repeated crime);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2 and the main sentence of Article 46 subparag. 2 of the Guarantee of Automobile Compensation for Damages;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (only between a violation of traffic laws on roads and a violation of traffic laws on roads);

1. Selection of each sentence of imprisonment;

1. The Criminal Act for aggravated repeated crimes.

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