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(영문) 창원지방법원 2014.12.16 2014고단2527
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 23, 2007, the Defendant was sentenced to a summary order of KRW 250,000 as a fine for a violation of the Road Traffic Act at the Busan District Court, and KRW 1.5 million as a fine for a violation of the Road Traffic Act at the Changwon District Court on May 2, 2014.

On August 9, 2014, at around 00:15, the Defendant driven B rocketing car at a distance of about 5 meters from 0.5 meters to the front day of the leuk-do in the Kimhae-si, without obtaining a driver’s license, while under the influence of alcohol with a blood alcohol content of 0.169%.

2. A motor vehicle owner who has not bought mandatory insurance is prohibited from operating a motor vehicle on a road without mandatory insurance. However, the Defendant operated the motor vehicle owned by the Defendant, which was not covered by mandatory insurance at the time and place as set forth in the above 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The ledger of driver's licenses;

1. Mandatory insurance policies;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports, and Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. It shall be decided as ordered for the reasons of probation, community service, or lecture attendance order for not less than Article 62-2 of the Criminal Act (including the fact that a number of previous fines including the previous fines of the same kind);

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