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(영문) 창원지방법원 통영지원 2017.09.20 2017고단749
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. On May 24, 2017, the Defendant: (a) in violation of the Road Traffic Act (drinking driving) and the Road Traffic Act (drawing driving without a license); (b) was driving a B-low vehicle while under the influence of alcohol for about 0.176% of alcohol concentration in the blood while under the influence of alcohol without obtaining a driver’s license on a section of about 1km from the front and front of the road in the A-Si-Si, A-Si, a car in the A-Si, an A-Si, a car in the A-Si, an A-Si, a car in the A-Si, an A-Si

2. On May 24, 2017, no person who violates the Guarantee of Automobile Compensation Act shall operate a motor vehicle that is not covered by mandatory insurance, but the Defendant operated a B-ho vehicle owned by the Defendant, which was not covered by mandatory insurance, from the head of the ASEAN-dong, to the front road of the ASEAN-dong in the ASEAN-si, Pacific-si, Gyeongnam-si on May 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and report on the situation of driving of drinking;

1. Application of Acts and subordinate statutes to the motor vehicle driver's license ledger, vehicle inquiry, and mandatory insurance inquiries;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Social Service Order and the order to attend a lecture is significantly high in alcohol content at the time of the crime of drinking alcohol driving in this case, and the defendant was punished twice by imprisonment with prison labor since 200 as a result of drinking driving or a non-licensed driving since 200, and there was a history of punishment.

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