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(영문) 창원지방법원 진주지원 2019.06.26 2018고단1561
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 8, 2006, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) due to a violation of the Road Traffic Act, etc. at the Changwon District Court's Jinju branch on July 8, 2006; on February 14, 2007, the same court issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act; and on May 2, 2007, the Defendant was sentenced to imprisonment with prison labor for the same crime, etc. at the same court.

In addition, on August 31, 2016, the Defendant was sentenced to one year from the Busan High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on August 30, 2017. On April 17, 2018, the Defendant was sentenced to six months from imprisonment with prison labor for the crime of injury at the Changwon District Court's Jinju branch's Jin branch's Jin branch's Jin branch's Jin branch's detention center's execution of the sentence on October 14, 201

1. Around 16:50 on October 15, 2018, the Defendant driving a DDap Motor Vehicle at a section of approximately 3 meters of “C” located in Hanam-dong, Hanam-dong, under the influence of alcohol leveling 0.218% of alcohol level around 16:50.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and has driven a motor vehicle under the influence of alcohol in violation of this provision.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road where mandatory insurance is not subscribed;

Nevertheless, the defendant, as a holder of D D D D D D D D D D D D D D D D D D D D D D D's vehicle without mandatory insurance at the time and place of Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and on-site photographs;

1. Mandatory insurance policy;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (same type of crime records, etc.);

1. Article 148-2(1) of the relevant Act and Article 148-2(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018) regarding criminal facts.

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