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(영문) 서울동부지방법원 2017.12.21 2017고단3519
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

1. On March 21, 2008, the Defendant was sentenced to a fine of KRW 500,000 to a fine of KRW 500,000 as a crime of violating the Road Traffic Act (drinking) at the source of a water source method on March 21, 2008, a fine of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking) at the source of a water source method on March 14, 2012, and a fine of KRW 7 million as a crime of violating the Road Traffic Act (drinking on June 23, 2014, respectively.

On August 17, 2017, around 00:45, the Defendant driven BMW car in the state of alcohol with approximately 0.074% alcohol concentration in blood from around 500 meters to around 300 meters long from the roads before the head of Songpa-gu Seoul Olympic Games.

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

The Defendant owned BMW car and operated the said car without purchasing mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver who is placed in driving, report on the circumstances of the driver who is placed in driving, investigation report, and inquiry into the results of crackdown on drinking driving;

1. Mandatory insurance certificate;

1. Photographs of the skin vehicle;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The facts that there are several favorable circumstances such as the fact that the military force subject to punishment for the same kind of crime is not high in the blood content, and the fact that his mistake is against the defendant's age, sex, environment, motive, means, means, and consequence of the crime.

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