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(영문) 창원지방법원 진주지원 2016.09.28 2016고단464

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

On October 25, 2010, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking) in the Changwon District Court's Jinju branch on October 25, 201, and the Defendant was issued a summary order of KRW 2.5 million for the same crime in the same court on December 9, 2014.

On April 1, 2016, the Defendant, while under the influence of alcohol content of at least 0.05 percent from blood alcohol, was driven on the part of approximately two kilometers from the roads in the middle of the so-called Young Tech located in the opening of the city in the city of Jinju to the roads in front of the day in which the same side is located in the city of Jinju, on the part of the Defendant, who was not covered by mandatory insurance without obtaining a bicycle driver’s license for a motor device under the influence of alcohol content of at least 0.05 percent.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the results of regulating drinking driving, ledger of driver's license, and inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as reporting on previous convictions and results of confirmation, summary orders, criminal history, etc.;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a motor vehicle which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. In light of the fact that the defendant committed each of the crimes of this case even though he had been punished three times due to drinking driving and one time due to driving without a license, although the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture does not correspond to the punishment of this case, the fact that the defendant reflects his criminal act, and that the defendant has no criminal history other than the fine, etc. are favorable to the defendant.