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(영문) 창원지방법원 통영지원 2017.07.19 2017고단697
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above imprisonment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 21, 2017, the Defendant driven a motor vehicle without any registration under the influence of alcohol concentration of 0.208% in the blood alcohol level from the 1km section up to the day front of the D convenience store located in the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the road.

2. The Defendant violated the Guarantee of Automobile Compensation for Damages: (a) operated the said passenger car without mandatory insurance, at the time and place specified in paragraph (1) as the owner of the unregistered passenger car; and (b) at the same time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the Acts and subordinate statutes to reply based on the results of notification on the results of crackdown on driving of drinking, report on the situation of driving of drinking, report on the driver's license, register of automobiles, registration of automobiles and mandatory insurance;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 1, 44 (1) (the point of drinking alcohol), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act (the point of driving a motor-driven bicycle without a license for motor device), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a motor vehicle with no 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. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of two crimes) of the Act on the Aggravated Punishment of 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service has no record of obtaining a driver's license, and there is a record of being punished by a fine due to drinking and driving without a driver's license, and the defendant appears to be against the law.

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