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(영문) 대전지방법원 논산지원 2015.11.03 2015고단428
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 27, 2010, the Defendant respectively issued a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court on December 27, 2010, as well as a fine of KRW 2,00,00 as a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court Branch of the Daejeon District Court on May 25, 2012.

1. On June 19, 2015, at around 03:50, the Defendant driven CKa Star car in the state of alcohol with approximately 5km alcohol concentration of 0.128% from the 5km section to the entrance road of the Jinju sa, etc. factory, which is located in Yasan-si, Yasan-si, Yasan-si.

As a result, the defendant, who committed a crime of violation of the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

2. The Defendant is a holder of a passenger car as set forth in paragraph 1.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the car without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, photographs of the scene of the accident, notification of the results of the control of drinking driving, a report on the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving

1. Investigation report prepared by the police;

1. Previous records of judgment: Application of Acts and subordinate statutes to inquiries, such as criminal records, and investigation reports prepared by police officials in charge of the prosecution (report on attachment of a copy of a summary order of the same kind of power);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each sentence;

2. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of the crimes of violation of the Road Traffic Act with heavier punishment shall be the sum of the duration of concurrent crimes (the sum of the duration of the above two crimes)] shall be 3.

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