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(영문) 창원지방법원 2018.03.22 2018고단231
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced on July 23, 2009 to six months of imprisonment with prison labor for a violation of road traffic law at the Changwon District Court on July 23, 2009; six months of imprisonment with prison labor for a violation of road traffic law at the Changwon District Court on July 2, 2010; three million won of a fine due to a violation of road traffic law at the Changwon District Court on November 25, 2010; and eight months of imprisonment with prison labor for a violation of road traffic law at the Daegu District Court on July 20, 2012; and on January 17, 2018, the defendant appealed for six months from imprisonment with prison labor for a violation of road traffic law at the Changwon District Court on July 25, 2010; and is still pending in the appellate trial.

[Criminal facts]

1. On January 8, 2018, the Defendant driven a vehicle C-II truck without obtaining a driver’s license on the section of about 500 meters of alcohol level from the front of the line rock bridge located in Kimhae-si, Kimhae-si, to the front day of the road in front of the road in front of the location where it is located in the same city road at around 00:30 on the same day.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is the owner of the CPoter-II truck.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, the Defendant, at the same time and place as Paragraph 1, driven a C-II cargo vehicle that was not covered by mandatory insurance as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report, investigation report, notification on the results of crackdown on drinking driving, suspect (a license, tea, and inquiry about insurance) concerning the situation of the driver who is placed in the main place;

1. A previous conviction: A reply to inquiry, such as criminal history, reporting of a previous conviction before and after disposition, reporting of the result of confirmation, indictment, and application of Acts and subordinate statutes concerning investigation reporting (for each suspect, reporting of his/her case);

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act concerning facts constituting an offense(s) of the relevant Act and Article 152 of the Road Traffic Act.

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