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(영문) 창원지방법원 2017.04.21 2017고단399
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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 November 14, 201, the Defendant was issued a summary order of KRW 2 million by the Changwon District Court on the grounds of a violation of road traffic law (driving), etc., and on October 24, 201, the Defendant was issued a summary order of KRW 2 million by the same court as on October 24, 201, due to a violation of road traffic law (driving).

[Criminal facts]

1. On January 31, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (dless driving) on the part of the Defendant: (a) drive a 49cc occin without a license, while under the influence of alcohol of 0.132% of alcohol while under the influence of alcohol, without obtaining a motor device license, from around 800 meters in the section of approximately 800 meters from the front day of the trade influence in the influent road of Jin-gu, Jin-si, Kim-si, Jin-si to the road in front of the corner in the same Ri.

As a result, the defendant violated the prohibition of drinking at least twice, and once again drives a motor vehicle without a motor device license under the influence of alcohol in violation of the above provision.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant operated 49cc Oral Ba, which did not purchase mandatory insurance at the same time and place as described in paragraph 1 above.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (police officers controlling drinking and monetary report);

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

1. Investigative into the driver's license ledger and mandatory insurance;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (report attached to the same type of force);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

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

1. Imprisonment with prison labor for each choice of punishment;

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