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(영문) 창원지방법원 진주지원 2018.08.22 2018고단62
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 4, 2011, the Defendant was punished for drinking two or more times by a fine of 1.5 million won due to a violation of road traffic law (driving without a license) in the Changwon District Court's Jinju branch on February 24, 2015, by a fine of 1 million won due to a violation of road traffic law (driving without a license) in the same court on February 24, 2015, and on May 13, 2016, the same court has the record of receiving a summary order of 5 million won or more due to a violation of road traffic law (driving without a license) and a violation of road traffic law (driving without a license).

1. On November 2, 2017, the Defendant, without a driver’s license, driven a C-car while under the influence of alcohol concentration of about 0.205% in the section of about 5km from the blood alcohol level to the front of the “macker-dong” in the Jin-si-dong, Jin-si, Pyeong-si, on November 2, 2017, the Defendant driven a C-car without a driver’s license.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of a three-dimensional car car.

The defendant operated the car amount which was not covered by mandatory insurance at the time and place of the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The 112 reported case handling table; and

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same type of crime records);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

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

1. Article 62 of the Criminal Act:

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