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(영문) 창원지방법원 2018.12.07 2018고단1525
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

1. The Defendant, without a driver’s license, was under the influence of alcohol level of 0.083% in blood while driving a vehicle from around 4 km away from the road abutting on the window side of Changwon-si, Changwon-si, on May 23, 2018 and driving a vehicle from around 0.05 meters away from the road abutting on the window side of the window at Changwon-si, Changwon-si, to the front side of the luxe dong of the same Gu.

2. The Defendant operated the said Aburged car which was not covered by mandatory insurance at the same time and place as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 148-2 (2) 3, Article 44 (1), Article 152 (1), and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Compensation Act;

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

1. Imprisonment with prison labor chosen;

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

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

1. The punishment under Article 62-2 (1) of the Criminal Act of an order to attend a course or an order to provide community service is flexible: Imprisonment with prison labor for ten months or a suspended sentence of two years: Imprisonment with prison labor for six months or a suspended sentence of two years; imprisonment for 40 hours or more; grounds for aggravation of community service hours or 80 hours: The degree of alcohol in an unexpected blood relative; and grounds for mitigation, such as confession, etc.;

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