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(영문) 창원지방법원 2019.05.16 2019고단273
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 October 12, 2009, the Defendant received a summary order of KRW 700,000,000 from the Changwon District Court to a fine for a violation of the Road Traffic Act; on October 24, 201, a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act; and on December 30, 201, a summary order of KRW 5 million to a fine for a violation of the Road Traffic Act was issued at the Changwon District Court.

1. On February 1, 2019, the Defendant had been punished twice or more for a violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) as above, the Defendant driven a D body-wide car with a blood alcohol concentration of about 0.09% under the influence of alcohol content 0.09%, without obtaining a driver’s license from the 2km section around the restaurant located in the cafeteria, Kimhae-si, Kimhae-si, to the road located in the C principal station located in Kimhae-si B from February 1, 2019.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a DNA car that was not covered by mandatory insurance at the same date and at the same place as the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Various circumstances shown in the public trial and records, such as the defendant's age, character and conduct, environment and circumstances after the crime, following the reasons for sentencing under Article 62-2 of the Criminal Act.

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