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(영문) 창원지방법원 2014.09.30 2014고단2028
도로교통법위반등
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 2, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court on August 2, 201, and was sentenced to a fine of KRW 3 million by the Changwon District Court on August 29, 201.

On June 3, 2014, the Defendant, who is engaged in driving of DMW car, did not purchase mandatory insurance around 22:45 on June 3, 2014, but operated the said car while under the influence of alcohol concentration of 0.149%, and, when driving the said car and driving the earth monthly underground car located in the Changwon-si Station at the Changwonwon District Court at the Gyeongnam-do Office, the Defendant has to operate the steering steering system accurately and safely by putting the steering steering system on the front line. However, even though the Defendant was unable to properly operate the steering steering system under the influence of alcohol, due to the occupational negligence of the Defendant’s failure to properly operate the steering steering steering system, thereby damaging the amount of KRW 2.50,00,00.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on the occurrence thereof;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Written estimate;

1. Application of Acts and subordinate statutes on traffic accident-related photographs;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 151 of the Road Traffic Act, Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (a point of failing to subscribe to mandatory insurance) concerning criminal facts;

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;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration, repayment of physical damage, non-payment of punishment, volunteer service for the underprivileged, etc.);

1. It shall be judged as ordered for the reasons of probation, community service, and lecture attendance order for more than the provisions of Article 62-2 of the Criminal Act (with regard to the previous convictions of more than one kind and the previous convictions of flight vehicles);

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