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(영문) 의정부지방법원 고양지원 2017.04.13 2017고단106
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on August 16, 2013. On August 20, 2014, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on August 20, 2014.

[Criminal facts]

1. On December 17, 2016, the Defendant was driving a BNEW chip under the influence of alcohol leveling 0.153% from a 700-meter section of blood alcohol level to a 700-meter radius from the roads near the Seo-gu, Seo-gu, Busan, Seo-gu, Seo-gu, Busan, to the front road of the apartment, which would be to gather the right to demand reimbursement of the said 906-6 Eastern text.

2. The defendant in violation of the Guarantee of Automobile Compensation for Loss shall not operate a motor vehicle on the road, which is owned by BNEW franchise XG motor vehicle and is not covered by mandatory insurance;

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, the circumstantial report of the driver of drinking, and inquiry into the results of regulating the driving of drinking;

1. On-site photographs;

1. Inquiry into mandatory insurance;

1. Previous convictions: Application of inquiry-related Acts and subordinate statutes, such as criminal history;

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 drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not mandatory insurance), and selection of imprisonment, respectively;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of two crimes specified for a crime of violating the Road Traffic Act with heavy punishment];

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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