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(영문) 창원지방법원 2016.07.26 2016고단1741
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

Criminal facts

On December 9, 2010, the Defendant received a summary order of a fine of three million won or more due to a crime of violating the Road Traffic Act (drinking) at the Changwon District Court on December 9, 201, and a summary order of three million won or more due to a fine in the same court on August 25, 201.

1. On May 26, 2016, the Defendant: (a) driven B Poter truck under the influence of alcohol content of about 0.156% from a section of approximately 1 k meters from the road of the mountain church located in Kimhae-si, Kim Jong-si to the road located in the same Dong-dong.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Insurance Act, operated the said cargo truck, which was not covered by mandatory insurance at the above date and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (a summary order, etc. attached to the same type of power);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 48-2 (1) 2 of the relevant Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (2) of the relevant Act;

1. Selection of each sentence of imprisonment;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201

1. An order to attend a course under Article 62-2 of the Criminal Act;

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