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(영문) 전주지방법원 2018.01.09 2017고단1632
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

On September 26, 2008, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court on September 26, 2008, and a fine of KRW 5 million as a crime of violating the Road Traffic Act at the Jeonju District Court on July 11, 2016.

1. On August 2, 2017, the Defendant: (a) violated the Road Traffic Act (divated driving) and the Road Traffic Act (divated driving) (divated driving) around around 0:34, the Defendant driven Cpoter cargo under the influence of alcohol of about 0.207% of alcohol while under the influence of alcohol, without obtaining a driver’s license, at approximately 1.5km from the one-day rock junan-gunn-gunn-gunn-gunn-gunn, Jinanjin-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gun

2. No owner of a motor vehicle violating the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which has not been covered by mandatory insurance;

Nevertheless, the defendant driving the Poter freight which was not covered by mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Article 148-2 (1) 1, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act concerning the facts constituting an offense subject to the relevant Act and subordinate statutes, such as criminal history;

1. Selection of imprisonment with prison labor for the choice of punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Suspension of Execution of Article 50, Article 62(1) of the Criminal Act, and Article 62-2 of the Act on the Improvement of Concurrent Crimes, even though the defendant had already been punished several times due to drinking driving, he/she was driving a motor vehicle without mandatory insurance without a license, and driving a motor vehicle with no mandatory insurance without a license.

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