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(영문) 창원지방법원 진주지원 2015.11.24 2015고단978
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 28, 2007, the Defendant was issued a summary order of a fine of two million won at the Busan District Court for a violation of the Road Traffic Act (driving). On August 28, 2015, the Defendant was a person who had been in violation of Article 44(1) of the Road Traffic Act, such as a request for a summary order due to the same crime as the Jinwon District Court on August 28, 2015 and currently pending trial.

On August 29, 2015, at around 11:35, the Defendant driven CV125 Orala while under the influence of alcohol content 0.174% without a motorcycle driver’s license from around the front of the Defendant’s house located in Hadong-dong, Hanam-gun B to the front of the flow distance in the same 2km.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the holder of VT125 Oral Ba as set forth in paragraph (1) above, operated an automobile that was not covered by mandatory insurance as above on the temporary basis.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver and report on the control of drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records of judgment: Criminal records, references to criminal records, reporting on the results of confirmation of the previous dispositions, investigation reports (Attachment to a summary order of the same kind of power), summary order, and application of Acts and subordinate statutes of indictment;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and 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 concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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