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(영문) 창원지방법원 마산지원 2013.10.17 2013고단533
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 04:40 on April 28, 2013, the Defendant, while under the influence of alcohol at a 0.278% of blood alcohol concentration, driven a C rocketing car at the section of approximately 500 meters from the parking lot of the Gyeongwon-gun, Gyeongwon-gun, Gyeongnam-gun to the road before the same surface of the road.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, who was a holder of the said Crocketing car, driving the said vehicle not covered by mandatory insurance at the same time and place as that of paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a drinking driver, inquiry into the results of crackdown on drinking driving, a certificate of drinking alcohol measurement for a drinking driver, and a circumstantial statement of a drinking driver;

1. Inquiry into mandatory insurance;

1. Application of each investigation report (for the violation of the Guarantee of Automobile Accident Compensation Act, verification of Non-life insurance coverage period);

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each type of punishment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act not only has the record of being punished twice due to drunk driving, but also has the record of being punished several times due to this type of crime, but also again, the contents of each crime of this case are not good. The blood alcohol concentration level is also high. However, when the defendant was punished due to drunk driving, a considerable period of time has elapsed since the defendant was punished due to drunk driving, and his mistake is in profoundly against his own mistake, and other sentencing conditions indicated in the records, such as the defendant's age, character, behavior and environment, shall be determined as per the order.

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