logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.11.27 2019고단3727
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal power] On September 20, 2010, the Defendant received a summary order of a fine of KRW 2.5 million from the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Around 22:40 on August 7, 2019, the Defendant was driving a DNA car under the influence of alcohol content of 0.054% without obtaining a driver’s license in a section of approximately 150 meters near C located in Jinhae-gu, Changwon-si B.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act as a person owning a passenger car as set forth in paragraph (1) and operated a passenger car as set forth in paragraph (1) without mandatory insurance at the time and place set forth in paragraph (1).

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), mandatory insurance inquiry, and application of Acts and subordinate statutes to report on the investigation of the register of driver's licenses;

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 each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

arrow