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(영문) 창원지방법원 마산지원 2016.04.19 2016고단14
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 26, 201, the Defendant was issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act at the Changwon District Court Branch Branch on September 26, 201, and on August 27, 2015, the Defendant was sentenced to a fine of KRW 7 million for the same crime, etc. at the same court on August 27, 2015, and was punished for driving alcohol more than twice.

[Criminal facts]

1. On December 24, 2015, the Defendant was a two-wheeled vehicle with engine displacement of 0.072% or less, with engine device’s engine displacement of 125cc or less, with engine device’s engine displacement of 0.072% or less, with engine device’s engine displacement of 125cc or less in engine engine displacement from the front of a factory where it is impossible to find out the trade name on the legal waters of the south-west Hanan-gunn-gunn-gunn-gunn-gunn-do on December 24, 2015.

2. Despite the fact that the Defendant was prohibited from operating a motor vehicle on the road not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Damages, the Defendant, as a holder of a two-wheeled automobile, operated the automobile on the road without purchasing mandatory insurance at the same time and place as above.

Summary of Evidence

1. Defendant’s legal notice of the result of regulating driving of drinking alcohol, report on the circumstances of the driver who takes driving, and inquiry into each mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the previous judgment, 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. Punishment for any violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment for any violation of the Road Traffic Act and any violation of the Road Traffic Act (non-licenseed driving), and a punishment for any violation of the Road Traffic Act, of which punishment is heavier);

1. Punishment;

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