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(영문) 창원지방법원 통영지원 2018.04.13 2017고단1813

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

[criminal records] The Defendant had three same criminal records, including the summary order of KRW 6 million for the crime of violating road traffic laws in the Changwon District Court through the Changwon District Court on July 14, 2016, and the summary order of KRW 1,500,000 for the same court on March 21, 2016, due to the crime of violating road traffic laws (driving driving).

[Criminal facts]

1. On October 13, 2017, the Defendant: (a) was under the influence of alcohol on blood without a driver’s license; (b) on October 13, 2017, the Defendant driven a De deel 2 IEthob, under the influence of alcohol with approximately 3km alcohol concentration of about 0.179% from the 3km section of the same road from the Do in front of C through through through the Do in front of C through through the 438 Do; and (c) on October 13, 2017, under the influence of alcohol concentration of 0.179%.

As a result, the Defendant once again driven the above vehicle while under the influence of alcohol with a person who has violated the prohibition of drinking at least twice.

2. The criminal suspect who violated the Guarantee of Automobile Compensation Act is a non-registered de facto driver.

On October 13, 2017, the respondent was prohibited from operating the above vehicle on the road that is not covered by mandatory insurance, even though he/she was not operating the vehicle on the road that is not covered by the mandatory insurance from the Do in front of the city of Tong-si to the 438 Do in front of the same city of Tong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is to take the driving, investigation report (report on the situation of the driver who is to take the driving), notification on the results of regulating the driving of drinking, and the register

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same criminal judgment) and other statutes;

1. Driving under the relevant provision of the Act on the Guarantee of Automobile Compensation: The occupation of driving without a license under Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act on the grounds of criminal facts: Article 154 subparagraph 2 and Article 43 of the Road Traffic Act on the grounds that Article 46 (2) 2 and the main sentence of Article 8 of the Act on the Guarantee of Automobile Compensation;

1. The crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes are crimes of violation of Road Traffic Act.