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(영문) 창원지방법원 거창지원 2012.12.06 2012고합102

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. A person who has violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 2 million from the Changwon District Court on June 30, 2009 to a fine of KRW 3 million due to a violation of the Road Traffic Act in the course of a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (driving without a license) from the Changwon District Court on June 30, 2009. On August 27, 2010, the same court has been issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving without a license).

On August 15, 2012, the Defendant, without obtaining a driver’s license at around 14:10 on August 15, 2012, driven a Bununst Driving Vehicle at around 0.231% alcohol level, with approximately 500 meters from the front day of the Gyeongnam-gun, Gyeongnam-gun to the road at the entrance of the same Eup/Myeonn-dong village.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the motor vehicle described in the above Paragraph 1, which was not covered by mandatory insurance, as described in the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver, and report on the status of a host driver;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. A previous conviction in judgment: An inquiry letter and the application of Acts and subordinate statutes for a criminal investigation report (Attachment to a summary order);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, Article 43 of the Road Traffic Act, Article 46 (2) and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 11369, Feb. 22, 2012);

1. Punishment provided for in Articles 40 and 50 (Punishments on the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;