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(영문) 인천지방법원 부천지원 2017.06.08 2017고단1028
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a summary order of 1.5 million won for a violation of road traffic law in the Incheon District Court's Branch on September 30, 2008, and was sentenced to a fine of 1.5 million won for a violation of road traffic law (drinking) in the same court on December 16, 2008. On December 26, 2008, the defendant was sentenced to a summary order of 2 million won for a violation of road traffic law (drinking under drinking), and was sentenced to a fine of 2 million won for a violation of road traffic law (dacting under drinking) on December 26, 2008. On March 17, 2009, the defendant was sentenced to a suspended sentence of 6 months for a violation of road traffic law (dacting under drinking).

[Criminal facts]

1. The Defendant violated the Road Traffic Act (drinking driving) was driving a B-WD car under the influence of alcohol leveling of about 0.103% in the 8km section from around March 23, 2017 to around 01:00 on the same day, at around 01:0, at around 01:00, the Defendant driven a B-WD car under the influence of alcohol leveling of about 0.103% in blood alcohol leveling from around 0.103% in the 8km section, in the direction of the Republic of Korea, at around 0:40 to around 0:3, 2017.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person who owns a passenger car with HD from BA-Wn-Wnnd

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

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

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on actual condition, report on the circumstances of drivers of drinking, inquiry into the results of crackdown on drinking, inquiry into the tea, and inquiry into the mandatory insurance;

1. Each photograph;

1. Previous conviction: Application of a reply to inquiry, text of judgment, and copy of summary order, 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 a vehicle which is not mandatory insurance), and selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act for mitigation of quantity;

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