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(영문) 창원지방법원 진주지원 2017.10.31 2017고단565
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

[Power of crime] On August 12, 2016, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (toxicly Driving) and a crime of violating the Road Traffic Act (non-licenseless Driving) at the Changwon District Court’s Jinju branch on August 12, 2016. On May 26, 2017, the Defendant was issued a summary order of KRW 5 million for the same crime by the same court.

[Criminal facts]

1. On July 7, 2017, the Defendant did not obtain a motor device bicycle license for violation of the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving). On July 20, 2017, the Defendant driven a 124cc-picking vehicle without a license for a motor device bicycle, while under the influence of alcohol content of about 0.197% at the 2km section of alcohol in front of a river cafeteria cafeteria located in the city of Busan-gun, Busan-gun, Busan-gun. to the front of a river cafeteria located in the same Eup/Myeon.

2. The Defendant, in violation of the Guarantee of Automobile Damage Compensation Act, driven a 124cc wheeled vehicle without any number plate attached to the Defendant, which was not covered by mandatory insurance at the same time and place as the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notification of the results of crackdown on the driving of drinking, report on the situation of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol), details of crackdown, and inquiry into the results of crackdown on the driving of drinking alcohol;

1. Disqualifications for drivers' licenses;

1. Inquiry into mandatory insurance;

1. Previous convictions: A reply to inquiry, such as criminal history, and application of the same criminal records statutes;

1. Article 148-2 (1) 1, Article 44 (1) 2, Article 154 (1) 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated 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 Act, the observation of protection, and the order of community service order, - unfavorable circumstances: the past.

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