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(영문) 창원지방법원 진주지원 2018.01.10 2017고단1007

도로교통법위반(음주운전)등

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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 September 27, 201, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) in the Changwon District Court's Jinju branch on September 27, 201, and a summary order of KRW 2 million in the same court on October 30, 201, respectively, under the same crime.

On October 27, 2017, the Defendant driven a two-wheeled automobile with about 0.173% alcohol concentration in blood at about 5km from the front of the new apartment site located in 10 od 34 p.m. to the road 11-1 p.m. at the same time, as Jinju-si, at the Jinju-si, 49cc.

2. The Defendant is a holder of a two-wheeled automobile, which is without registration 49cc. as stated in the preceding paragraph.

Although the defendant is prohibited from operating a motor vehicle which is not covered by mandatory insurance on the road, he/she operated the two-wheeled motor vehicle that is not covered by mandatory insurance at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. Photographs of two-wheeled motor vehicle;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (the same criminal records and confirmation);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the selection of imprisonment, respectively;

1. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes as provided for in the Road Traffic Act with heavy punishment);

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 stay of execution (Consideration to drive a compact-type two-wheeled motor vehicle and taking into account the fact that it has driven a compact-type two-wheeled motor vehicle for the last five years

1. The order is issued for the observation of protection and the order to provide community service for more than two reasons under Article 62-2 of the Criminal Act.