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(영문) 창원지방법원 밀양지원 2015.12.31 2015고단43

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 20, 1997, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act, etc. in the Changwon District Court's populated Branch on October 28, 1997, and the said judgment became final and conclusive on June 28, 1997. On August 29, 2007, the said judgment became final and conclusive on September 6, 2007 after having been sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) by the same court on September 29, 2007. On December 21, 2011, the said judgment became final and conclusive on December 29, 201 after having been sentenced to a fine of 1.5 million won by the same court as the same crime. On January 11, 2013, the said court was sentenced to a fine of three million won on July 11, 2013.

1. Around 21:00 on January 13, 2015, the Defendant: (a) driven a unregistered motor vehicle while under the influence of alcohol with approximately 300 meters alcohol concentration of 0.236% without a driver’s license, in a section near the junctic basin near the juncul Station located in the scopic basin, the Defendant driven a non-registered motor vehicle with the influence of alcohol content of at least 0.236% without obtaining a driver’s license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated a unregistered motor bicycle not covered by mandatory insurance at the date and place of the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drinking drivers, report on the circumstances of drinking drivers, inquiry into the results of crackdown on drinking driving, and register of driver's licenses;

1. Each photograph;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (Attachment to judgments of the same kind of punishment);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of 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 each sentence of imprisonment;

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