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(영문) 창원지방법원 진주지원 2015.11.18 2015고단768
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 June 22, 2015, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) and the Defendant driven a B car with approximately ten meters of alcohol without a driver’s license, while under the influence of alcohol of about 0.218% of the blood alcohol concentration, on the roads near the same Switzerland apartment located in the upper and upper-dong of Jinju, Jinju at the same time.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of the said car car, operated an automobile not covered by mandatory insurance as above.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, mandatory insurance, reports on detection of run drivers, and reports on circumstantial statements of run drivers;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the Defendant committed each of the instant crimes under the influence of alcohol or without a license even though he/she had been punished four times due to the crime related to drunk driving or unlicensed driving, and that the Defendant’s blood alcohol concentration is considerable, although the Defendant’s liability is not less against his/her own crime, the Defendant’s violation against his/her own crime, the short distance of his/her driving is the Defendant.

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