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(영문) 창원지방법원 2017.06.28 2017고단1178
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 July 7, 2008, the Defendant issued a summary order of KRW 2 million to the Changwon District Court due to a violation of the Road Traffic Act (drinking driving), etc. on September 22, 2008, a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking driving), at the Changwon District Court on September 22, 2008, and on July 19, 2010, a summary order of KRW 1 million was issued by the Changwon District Court on July 19, 201, respectively.

1. On March 20, 2017, the Defendant was under the influence of 0.181% of alcohol during blood transfusion without obtaining a bicycle driver’s license for a motor device at around 21:35 on March 20, 2017, and the Defendant was driving a 49cc oba, without a number plate, at approximately 500 meters prior to a high friba on the road front of a high friba in front of a high friba, which is located in the top of a high friba, on the road in front of a high friba in the same friba.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, without purchasing mandatory insurance at the time and place mentioned in paragraph 1, operated the said 49C Obaba.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for each of the above crimes is aggregated) is aggravated for concurrent crimes;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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