(영문) 창원지방법원 거창지원 2014.10.15 2014고단253

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(영문) 창원지방법원 거창지원 2014.10.15 2014고단253

도로교통법위반(음주운전)등

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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

On July 7, 2014, at around 02:23, the Defendant driven a 49cc Austria, which was not covered by mandatory insurance without obtaining a license for a motorcycle from a section of approximately 200 meters from the front of the live restaurant located in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gun, Chungcheongnam-do to the front road of the live apartment in the same Ri, and without obtaining a license for a motorcycle. 0.209% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 2 of Article 154 and Article 43 of the same Act concerning criminal facts, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operation without a mandatory insurance);

1. Punishment for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary factors under Articles 53 and 55 (1) 3 of the Criminal Act ( considered favorable circumstances such as the fact that the driver is a driver of Lao, the fact that there is no criminal record of suspended execution or more, and the fact that there is no criminal record of the same kind for the last ten years);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. Probation under Article 62-2 of the Criminal Act;