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(영문) 창원지방법원 2017.08.09 2017고단1987

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[2] The records of crimes, such as violation of the Road Traffic Act (Drinking, Driving, etc.): The case of a fine of three million won and the case of a fine of two million won: Changwon District Court Decision 200 million won and the case of a violation of the Road Traffic Act (Drinking, etc.): Imprisonment with prison labor for a period of eight months and a suspended sentence of two years: the case of the judgment of August 27, 2015 / [criminal] the case of the judgment of 2017 Highest 1987.

1. The Defendant: (a) was under the influence of alcohol level of 0.191% in blood while driving a vehicle; (b) was under the influence of the Defendant’s violation of the Road Traffic Act (drinking driving); (c) was under the influence of alcohol level of 0.191% in the blood; and (d) was under the influence of a vehicle’s license on June 1, 2017 from the front of a restaurant, where the trade name of Kimhae-si is unknown at around 22:20:20 on June 1, 2017, driving a vehicle of C1 ton in the front of a drinking restaurant in the waterside 100 meters.

[2017 Highest 2615] Cases

2. The Defendant: (a) was under the influence of alcohol level of 0.090% in blood while driving a vehicle; (b) was driving, without a driver’s license, the vehicle from the road front of the 17 “Sim-si, Kimhae-si” road from July 4, 2017 to the 2-15 “Annmbbbing vehicle” of approximately 50 meters in front of the 2795-ro, Kimhae-si, Kimhae-si, 2017.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant driven the said vehicle that is not covered by mandatory insurance at the same time, place, and place as Paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 148-2 (1) 1, Article 44 (1) 1, Article 152 (1), and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Compensation Act;

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

1. Imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.