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(영문) 창원지방법원 마산지원 2015.07.22 2015고단482
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 27, 2006, the Defendant received a fine of one million won from the Changwon District Court for a violation of the Road Traffic Act (the crime of August 23, 2006), and on June 16, 2008, the Defendant received a fine of three hundred thousand won from the Changwon District Court for a violation of the Road Traffic Act (the crime of May 14, 2007) (the crime of violation of the Road Traffic Act) at the Changwon District Court on May 15, 2009 (the crime of November 25, 2008).

1. Around 00:20 on February 19, 2015, the Defendant driving a B car with approximately KRW 150 meters from the front day of a drinking house in which it is impossible to find out the trade name in the city of Changwon Mucompo-dong, under the influence of alcohol concentration of 0.124%, while under the influence of alcohol on February 19, 2015, to the front road of a tri-ro parking lot located in Changwon-si, Changwon-si.

2. A motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall buy a mandatory insurance policy which bears the responsibility for paying a specified amount to the victim when another person dies or has been injured due to the operation of the motor vehicle, and shall not drive any motor vehicle which is not covered by the mandatory insurance

Nevertheless, the Defendant, as the owner of the above carren vehicle, operated the above carren vehicle not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Mandatory insurance inquiry (No. 5 of the evidence list);

1. Records of judgment: Investigation report (Attachment of the same summary order) and the application of the summary order attached thereto and the Acts and subordinate statutes for inquiry into criminal records;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each sentence;

1. Aggravation for concurrent crimes;

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