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(영문) 창원지방법원 진주지원 2016.05.17 2016고단237
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 12, 2006, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of road traffic laws (drinking driving) at the Changwon District Court Jinwon District Court on July 12, 2006. On June 10, 2008, the Defendant was issued a summary order of KRW 1,50,000 as a fine for the same crime in the same court on June 13, 2012. On April 17, 2014, the Defendant was issued a summary order of KRW 2,50,000 as a fine for the same crime.

On March 14, 2016, the Defendant driven CM5 car owned in B while under the influence of alcohol content of 0.111% without obtaining a driver's license, without purchasing mandatory insurance at approximately 2 km section before the drain tower and coffee shop located in the beginning-dong of the same city, on the front of the restaurant where it is impossible to know the trade name in the sub-dong at the Jinju-si, Jinju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;

1. To inquire into the driver's license ledger, chassis, and mandatory insurance;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to the same summary order);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

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

1. Imprisonment with prison labor for choice of punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase 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. An order to attend a course under Article 62-2 of the Criminal Act;

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