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(영문) 창원지방법원 2013.07.23 2013고단756

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 12, 2013, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driving a car in the 2km section from the road front of the land conference restaurant located in the seat of Kimhae-si newspaper at the same time, while under the influence of alcohol by 0.201%, even though the validity of driving license was suspended at around 19:30 on March 12, 2013.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated a car in the column B that was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on detection of drivers, the ledger of driver's licenses, and mandatory insurance;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. On January 25, 2013, the Defendant for sentencing under Article 62-2 of the Criminal Act is bound to strictly punish the Defendant in light of the fact that he/she again committed the instant crime because he/she did not reach two months even though he/she received a summary order of KRW 1,50,000 for a violation of the Road Traffic Act at the Changwon District Court on January 25, 2013, and that the blood alcohol concentration is high.

However, there is no past record that the defendant has been punished as a sentence.