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(영문) 광주지방법원 목포지원 2018.06.18 2017고단1477
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On December 22, 2011, the Defendant was sentenced to a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act in the Gwangju District Court's Support on December 22, 2011, and on March 23, 2017, the Defendant was sentenced to a suspended sentence of KRW 3.5 million for a crime of violating the Road Traffic Act, and on March 31, 2017, was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act. The judgment becomes final and conclusive on March

[Criminal facts] The owner of a motor vehicle shall not operate a motor vehicle on the road which is not covered by mandatory insurance.

Nevertheless, the Defendant, who was punished twice or more for the crime of violating the Road Traffic Act (drinking) as above, was driving a Crocketing car owned by the Defendant, who was not covered by the mandatory insurance at approximately 1.35 km from the 1.35m section of the documents of the Nam-gun, Nam-gun, Nam-gun, Namnam-gun, on September 4, 2017, while under the influence of alcohol at least 0.157% of alcohol in blood without obtaining a driver’s license around 05:40 on the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking, inquiry of the results of crackdown on drinking driving (A), and notification of the results of crackdown on drinking driving;

1. Registers of driver's licenses (A), details of revocation of driver's licenses (A);

1. Inquiry into mandatory insurance (C) and mandatory insurance (A);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating an automobile which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 circumstances that are disadvantageous to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment: there is a record of having been punished several times for the same crime.

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