logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.10.07 2016고단1694
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant is the owner of a scambling motor bicycle with no number plate.

On May 13, 2016, at around 23:15, the Defendant driven the said motorcycle that was not covered by mandatory insurance without obtaining a driver’s license from around 200 meters in a section of about 100 meters in front of the 1033-gil, Chang-si, Chang-si, Gowon-si, Pungwon-si, Pungwon-si, to the previous road of 1033 Do, Chang-si, Chang-si, Gowon-si.

Summary of Evidence

1. C’s legal statement;

1. A report on the statement of the situation of a drinking driver, a report on the entry of a drinking driver, and a notice of the completion of correction;

1. Photographss, etc. of motorcycles;

1. Registers of disqualified meetings and driver's licenses of the main office;

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

1. Relevant statutory driving for a crime: The point of driving without a license under Articles 148-2 (1) 2 and 44 (1) of the Road Traffic Act: Subparagraph 2 of Article 154 and the point of not mandatory insurance under Article 43 of the Road Traffic Act: Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Crimes of violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes ( mutually between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic 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 38 (2) and 50 of the same Act for the increase of concurrent crimes;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant again committed the instant crime under the same type of permission even though he/she had the record of being punished as a crime of violation of the Road Traffic Act (refluence of measurement) and a crime of violation of the Road Traffic Act (unlicensed Driving) at the Changwon District Court on February 4, 2016, even though he/she had the record of being sentenced to a fine of KRW 3 million more than once, the Defendant again committed the instant crime under the same type of permission. The fact that the blood alcohol concentration level is very high at the time of driving under the influence of alcohol in this case, and that the Defendant does not seem to have any anti-discrimination light, such as denying his/her own crime, etc.

arrow