logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.08.18 2016고단3486
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On April 5, 2013, the Defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic law at the Seoul High Court on April 5, 2013, and on June 17, 2010, the Defendant was issued a summary order of KRW 3 million for the same crime, etc. at the Incheon District Court Branch Branch of the Incheon District Court, and the same year.

4. 5. A person who received a summary order of a fine of KRW 2.5 million in the same court for the same crime and received a summary order of KRW 2.5 million in total from three times.

1. Nevertheless, at around 16:25 on May 10, 2016, the Defendant driven a motor vehicle with alcohol level of 0.152% 0.152% from blood, and proceeded with approximately 1 km from the front of the defensive head landing line located in the north-dong 1955, 195, the Sinsi-dong 2376, from the front of the Sinsi-dong 195, to the front road of the Sinsi-dong 2376.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated a motor vehicle not covered by mandatory insurance on the road by driving the Abdon XD motor vehicle listed in paragraph 1, which was not covered by mandatory insurance at the time and place specified in paragraph 1, as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Inquiries about the results of crackdown on drinking driving;

1. Inquiry into mandatory insurance;

1. Previous convictions: Inquiries, confirmation of the history of punishment for drinking driving, application of Acts and subordinate statutes of a written inquiry, and a copy of summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of vehicles which are not mandatory insurance) (the choice of imprisonment or imprisonment);

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 for mitigation of amount (which shall be late later) (Article 53 and 55(1)3).

arrow