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(영문) 창원지방법원 2017.04.18 2016고단4229
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 December 19, 2008, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court of Daegu on December 19, 2008, and a fine of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court on March 31, 2014.

On November 17, 2016, the Defendant driven C course 2.0D diesel cars with approximately 600 meters alcohol concentration at approximately 0.170% alcohol concentration in blood at the section of approximately 600 meters from the Do in front of the Gando Kando Kandong, Jinwon-si, Changwon-si, Jinwon-si, Jinwon-si to the front of the Gando Kando Kando Kandong, which is located in the same Guandong-dong.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of CF 2.0D diesel cars.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the above automobile which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

The defendant's legal statement statement of the driver in charge of mandatory insurance and reply to inquiry, such as the defendant's records of mandatory insurance crimes, and the application of the Act and subordinate statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 48-2 (1) 2 and Article 46 (2) 8 of the Guarantee of Automobile Damage Compensation Act (the operation of an automobile which is not mandatory insurance);

2. Selection of penalty penalty:

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

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

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

6. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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