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(영문) 창원지방법원 진주지원 2016.08.09 2016고단558
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On March 5, 2010, the Defendant issued a summary order of KRW 3 million for a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Busan District Court’s Busan District Court’s jurisdiction on April 19, 201, a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving), and on November 30, 201, a summary order of KRW 7 million for a crime of violation of the Road Traffic Act (driving) was issued by the same court on November 30, 201.

On March 19, 2016, around 15:36, the Defendant driven a B-wing cargo vehicle with alcohol content of 0.185% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license from the front of a cafeteria located in the name of the original cafeteria-gun, Gyeongnam-gun, Gyeongnam-gun, Busan, to the front of the same part of the 200-meter road.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice, and drives a motor vehicle under the influence of alcohol without obtaining a driver’s license in violation of it.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is the owner of B-wing and freight truck.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the B-wing freight truck that was not covered by mandatory insurance at the time and place mentioned in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. To inquire into the ledger of driver's licenses, chassis, and mandatory insurance;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a summary order);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes

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