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(영문) 창원지방법원 통영지원 2014.02.28 2013고단690
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 of the final judgment.

Reasons

Punishment of the crime

On December 12, 2008, the Defendant received a summary order of a fine of three million won or more for a violation of the Road Traffic Act (driving) from the Changwon District Court’s Tongwon District Court’s branch on December 12, 2008. On March 12, 2013, the Defendant received a summary order of a fine of five million won or more for the same crime from the said court.

1. The Defendant is a person who is engaged in driving a 49cc Oral c, without registration, in violation of the Road Traffic Act (driving) and the Road Traffic Act (driving without a license).

On April 28, 2013, at around 11:30 on the 11:30 on the crypian, the Defendant driven the crypian road prior to a sobrying soup, which is located on the sewage village, into the dead forest village of sewage without a motorcycle driver's license, while under the influence of alcohol with a blood alcohol concentration of 0.164%.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of 49C Occ.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Application of the statutes governing traffic accident-related photographs;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, and Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that the defendant reflects his depth);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. The part concerning the dismissal of public prosecution under Article 62-2 of the Criminal Act shall be the summary of the facts charged; and

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