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(영문) 창원지방법원 마산지원 2017.08.08 2017고단534
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On July 4, 201, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court’s Changwon Branch on July 4, 201. On January 19, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), and on June 9, 2008, the Defendant was issued a summary order of KRW 1 million for the same crime at the same court.

[2] The Defendant used CHJ125T-10A Haba, which was not covered by mandatory insurance without a motor device license, in the section of approximately 500 meters of alcohol level to the front of the Jeju Park, which was located in the port of the Haban-gu, Haban-dong, Haban-gun, the Haban-gun, at around 19:10 on April 23, 2017, in the direction of approximately 500 meters before the Jeju Park.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Making a statement on the circumstances of a driver who is placed in driving, making a measurement of the driver's drinking, and making inquiries about the results of regulating drinking;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment of drinking driving);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of each sentence of imprisonment;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, and the age, sex, environment, motive, means and consequence of the crime of the defendant, and other circumstances.

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