logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 거창지원 2017.05.19 2017고단74
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Force of Crimes】 On September 28, 2012, the Defendant was notified of a summary order of a fine of KRW 4 million for a crime of violating the Road Traffic Act in the Changwon District Court’s Chang-gu Branch on September 28, 2012, and on February 11, 2015, the Defendant was notified of a summary order of KRW 6 million for a crime of violating the Road Traffic Act (drinking on drinking) by the same court on February 11, 2015.

[Criminal Facts]

1. On March 12, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) driving a B maz car while under the influence of alcohol leveling 0.093% of alcohol level in front of a high school, which is located on the front of a three-dimensional side of the Gyeongcheon-gun, Seocheon-gun in the same side of the road at around 50 meters, without a driver’s license.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the car owned by the defendant who did not purchase mandatory insurance as stated in the above paragraph 1 at the time and place mentioned in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Inquiry into the enemy and inquiry into the purchase of mandatory insurance;

1. Previous convictions indicated in judgment: Inquiry about criminal history and application of each investigation report (Attachment of the sentence, such as a written judgment, and attachment of summary order);

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

1. The crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the operation of drinking).

arrow