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(영문) 창원지방법원 2019.08.28 2018고단3097

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 4, 2017, the Defendant was issued a summary order of a fine of four million won by committing a violation of the Road Traffic Act (driving) at the Changwon District Court on July 4, 2017, and on March 5, 2018, the Defendant was issued a summary order of four million won by the Changwon District Court on March 5, 2018.

1. On July 28, 2018, the Defendant was a person who had the aforementioned two or more alcohol driving skills as above, driving a motor vehicle, without a motorcycle driver’s license, in a state of drinking alcohol concentration of about 0.087% at the section of approximately 400 meters for the above B before the beginning of the window B at Changwon-si and via D located in the same Gu C, from July 28, 2018.

2. The owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall not operate an automobile on the road which is not covered by mandatory insurance;

Nevertheless, the Defendant, as a holder of Oral Ba, operated the foregoing Oral Ba, which was not covered by mandatory insurance at the time and place specified in paragraph (1) above.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement, investigation report, and report on the circumstances of the driving of a drinking driver;

1. Registers of driver's licenses;

1. Mandatory insurance policy;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

1. Article 148-2 (1) 1, Article 44 (1) (a) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018), Article 154 subparagraph 2, and Article 43 (a) of the Act on the Guarantee of Automobile Accident Compensation; Article 46 (2) 2, and the main sentence of Article 8 (a) of the same Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;