beta
(영문) 창원지방법원 통영지원 2017.08.08 2017고단221

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 history] On January 30, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on July 4, 2016, the court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), and on February 8, 2017, the same court was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking driving), and the judgment became final and conclusive on the 16th of the same month.

[2] On January 23, 2017, the Defendant used a motor bicycle driver’s license in approximately 200 meters section from the road front of the marc body in the Dong, which was located in the city of flooding around 22:35 on January 23, 2017, to the road front of the same new winding station, without obtaining a motor device driver’s license, and c 125c c oc c c stobs that were not covered by mandatory insurance while under the influence of alcohol content 0.053% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. The driver's license ledger;

1. An inquiry into the enemy and mandatory insurance;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (reports, such as attachment of summary orders to the same type of force), application of Acts and subordinate statutes to criminal investigation reports (Attachment to the same defendant-related judgments, etc

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.