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(영문) 창원지방법원 마산지원 2017.11.28 2017고단1056
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On June 29, 2009, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1.5 million with a fine of KRW 1.5 million for a crime of violating road traffic law (dacting driving) at the Changwon District Court's Branch on January 21, 2013. On July 2, 2013, the Defendant was sentenced to a fine of KRW 7 million with the same crime in the same court on July 2, 2013. On December 16, 2015, the Defendant was sentenced to a suspended sentence of imprisonment for six months with prison labor for the same crime in the same court, and the judgment became final and conclusive on December 24, 2015.

[Criminal facts]

1. On August 15, 2017, the Defendant: (a) had the power of driving under the influence of alcohol as above four times; (b) on August 15, 2017, the Defendant driven a car with B low-speed fluoring at the front of the village located in the Chang-si Masan Pungpo-si Noise-si, a village that is under the influence of alcohol at a level of 0.108% under the influence of alcohol without a driver’s license on August 15, 2017.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle without a driver’s license under the influence of alcohol.

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 owned the said car at the time and place specified in Paragraph 1, and operated the said car without being covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, the statement of the circumstances of the driver of drinking alcohol, investigation report (report on the circumstances of the driver of drinking alcohol), and the report on the driving of drinking alcohol;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions: Application of inquiries, such as criminal history, response to inquiries, investigation reports (verification of criminal records of the same kind as the suspect and facts during the suspension of execution);

1. Relevant provisions of the Act concerning facts constituting an offense;

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