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(영문) 창원지방법원 2016.11.25 2016고단2080
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 22, 2015, the Defendant issued a summary order of KRW 4 million for the violation of the Road Traffic Act at the Busan District Court's Busan District Court's Dong Branch.

1. Violation of the Road Traffic Act;

A. On June 1, 2016, the Defendant was under the influence of alcohol at around 00:25 on June 1, 2016, the Defendant driven a rocketing vehicle with approximately KRW 15km up to the front road of the “ Solarg-dong,” located in the Southern-gu, Busan, under the influence of alcohol content of 0.084%.

B. On June 6, 2016, the Defendant was under the influence of alcohol at around 00:45 on the blood alcohol concentration of 0.129% on June 6, 2016, and operated approximately 300 meters B rocketing vehicles to the front road of the “grasium” located in the Kimhae-si outside of the Dong on the road located in the same Dong.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of B rocketing passenger car, and the automobile owner is prohibited from driving a vehicle which is not covered by mandatory insurance, but the Defendant driven a vehicle which is not covered by mandatory insurance at each time and at each place as referred to in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, each report on the results of the control of drinking driving, and each inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. The point of driving under the influence of alcohol on June 1, 2016 for criminal facts: The point of driving under the influence of alcohol on June 6, 2016 under Articles 148-2 (2) 3, 44 (1) and 148-2 (1) 1 and the main sentence of Article 44 (1) of the Road Traffic Act: The point of failing to subscribe to the mandatory insurance under each of Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act: Article 46 (2) 2 and the main sentence of Article 8

1. Selection of each sentence of imprisonment;

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

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

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