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(영문) 창원지방법원 2018.03.09 2017고단2064
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 9, 2005, the Defendant received a summary order of KRW 2 million from a fine of KRW 1 million due to a violation of road traffic laws at the Changwon District Court on December 9, 2005, and a fine of KRW 4 million due to a violation of road traffic laws (driving alcohol) at the same court on January 12, 2007.

[Criminal facts]

1. On May 31, 2017, the Defendant was driving a CG driver car under the influence of alcohol content of about 0.184% in blood while under the influence of alcohol, without obtaining a driver’s license, on the side of the Korean Shipping New Port Logistics Center located adjacent to the Busan High Port located at the construction site of the container wharf and located at the Busan High Port located at the New Port located at the Chang-si, Busan High Sea, Busan High Sea, which is located at the construction site of the container wharf.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any automobile which is not covered by mandatory insurance;

The Defendant operated a car every C that was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is placed in driving, investigation report, notification of the results of crackdown on the driving of drinking, inquiry into the results of crackdown on the driving of drinking, ledger of driver's license, and inquiry into the mandatory insurance;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (formers and investigation reports);

1. Article 148-2 (1) 1, Article 44 (1) 1, Article 152 (1), and Article 43 of the Traffic Act concerning facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operation of a vehicle with no mandatory insurance)

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

1. Selection of each sentence of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.

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