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(영문) 창원지방법원 2014.11.18 2014고단1806

도로교통법위반(음주운전)등

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1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a holder of B, did not purchase a mandatory insurance policy on the said vehicle even though the automobile insurance contract term for the said vehicle has expired on May 2014.

At around 21:50 on June 2, 2014, the Defendant driven the above vehicle at a level of approximately 500 meters to the front intersection of the Bank of Korea located in the same Dong on the roads located in front of the Sungwon-gu, Sungwon-gu, Sungnam-dong, Changwon-si, Seoul, under the influence of alcohol by 0.232% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 48-2 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. It shall be decided as ordered for the reason that probation, community service, or order to attend lectures is not less than Article 62-2 of the Criminal Act (Consideration of a number of concurrent crimes, etc.);