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(영문) 창원지방법원 마산지원 2020.04.21 2019고단1255
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

On December 11, 2015, the Defendant was issued a summary order of KRW 3,50,000,000 for a fine for a violation of the Road Traffic Act, in the Changwon District Court's Msan Branch.

1. Around 00:00 on November 7, 2019, the Defendant driven a motor bicycle without a driver’s license for non-registered 124ccc clor without a driver’s license, while under the influence of alcohol for about 0.039% at a section of about 200 meters in the direction of approximately 0.039% of alcohol concentration on the roads in front of C in Changwon-si Mucompo Zone B.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the above motorcycle which was not covered by mandatory insurance at the same time and place.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Notification of an automobile with two wheels for violating the Automobile Management Act;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act, and the punishment prescribed for the crimes of heavier electronic crimes);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Article 50 of the Criminal Act shall be limited to the extent that the penalty is added up by the long-term punishment for a violation of the Road Traffic Act with heavier penalty (the penalty specified for a

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