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(영문) 창원지방법원 통영지원 2016.01.22 2015고단1073

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 18, 201, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 3 million for the same crime at the Changwon District Court Branch on May 3, 201, and a fine of KRW 3 million for the same crime at the Changwon District Court.

[Criminal facts] The Defendant is a holder of BM5 vehicle.

On September 30, 2015, the Defendant driven the said car without being covered by the mandatory insurance in the state of alcohol concentration of approximately 0.125% from the 20km section from the road in front of the Changwon-si, Changwon-si, 3.15, in order to ensure that the Defendant was under the influence of alcohol concentration of about 0.125% from the 20km section from the road in front of the long-term care hospital for clothes to the large-speed tourism road in the south-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving drinking, and inquiry into mandatory insurance;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of the previous summary order);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 200

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;