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(영문) 창원지방법원 마산지원 2020.06.23 2019고단1211
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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 May 3, 2018, the Defendant was issued a summary order of KRW 3.5 million for the crime of violating the Road Traffic Act in the Changwon District Court Msan Branch.

1. At around 14:45 on November 14, 2019, the Defendant driven a f-low-income vehicle without a driver’s license in a section of about 5km alcohol concentration of about 0.103% in front of the Eryptive Zone C located in Changwon-si B, Changwon-si, Seoul, with the road located in the same Gu D.

2. No owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall operate an automobile not covered by mandatory insurance;

Nevertheless, the Defendant operated a franchise-free car without mandatory insurance at the above date and place.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Registers of driver's licenses;

1. Mandatory insurance policy (No. 8 list of evidence);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, 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 Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act, and the punishment prescribed for the crimes of heavier electronic crimes);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments for the crimes of Violation of the Road Traffic Act with heavier punishment and the punishment for the crimes of violation of the same Act) from among concurrent crimes;

1. The favorable circumstances among the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are the discretionary mitigation.

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