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(영문) 창원지방법원 통영지원 2017.11.28 2017고단1495
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 29, 2017, the Defendant did not purchase a mandatory insurance policy at around 00:30, but driven a 300cc Gabaki with no number plate from the front side of the Jindo apartment located in the Jinsung-gun, Jinsung-gun, Jinsung-gun, in the state of alcohol content of 0.138% in alcohol during blood, to the front side of the Namsan Pindo Camp, located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Report on the occurrence of traffic accidents and application of the Acts and subordinate statutes concerning B;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44-2 (1) of the Road Traffic Act that choose a sentence, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the selection of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the case where the defendant, who already refused to measure alcohol alcohol and had the criminal records of drinking driving, drives drinking again, and the case where the defendant, who had a significant degree of alcohol concentration in the blood, caused physical accidents while operating an ozone vehicle under the considerable high level of alcohol concentration. Thus, the suspension of the execution of imprisonment, which is not a fine, is sentenced, and the order to take a compliance driving lecture to prevent the possibility of recidivism, is also ordered.

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