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(영문) 창원지방법원 거창지원 2017.11.22 2017고단289

도로교통법위반(음주운전)등

Text

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 May 31, 2012, the Defendant is a person who has been sentenced to a summary order of KRW 8 million for a violation of the Road Traffic Act, such as a violation of the Road Traffic Act (drinking) at the Changwon District Court's Changwon District Court's branch order, and on July 15, 2015, the Defendant was sentenced to a suspended sentence of two or more times of imprisonment with prison labor for the same offense, etc. at the same court, and has been sentenced to a suspended sentence of two or more times for eight or more months.

On September 8, 2017, the Defendant driven an off-registration brea at approximately 300 meters away from the entrance of a military unit, 8962, in front of the entrance of 10:24, 10:24, in a state of under the influence of alcohol 0.095% in alcohol while under the influence of alcohol without obtaining a bicycle driver’s license.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant, at the time and place mentioned in paragraph 1, operated a non-registered misunderstanding machine owned by the Defendant who did not purchase mandatory insurance as described in paragraph 1.

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 and notification of detection of unregistered vehicles (non-report on non-registration);

1. A report on the occurrence of a traffic accident and a survey report on actual condition (on-site photographs and the register of driver's licenses);

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (attaching sentence, etc.);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

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

1. Selection of each sentence of 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 (Defendant Appellant) for mitigation of amount