logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.10.11 2018고단1197
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 26, 2010, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act (driving), and on November 27, 2017, the Defendant received a summary order of KRW 3 million from the same court due to the same crime, etc.

1. On April 30, 2018, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drawing driving without a license) driving a motor device license with approximately 1km alcohol concentration of about 0.127% from the Defendant’s home located in Kimhae-si C to Kimhae-si 49, without obtaining a bicycle license for a motor device under the influence of alcohol concentration of about 1km from around 1km to the road in 499.

2. The Defendant violated the Guarantee of Automobile Compensation for Damages: (a) the owner of the above Oral Ba, without any registration number plate; (b) operated the above Oral Ba which was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of a person who violates the Traffic Act (driving or driving without a license);

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Photographss of otobanes and CCTV images used by the person under his/her operation;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes of investigation report (Attachment to a copy of a summary order);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance);

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 for the mitigation of a small amount of punishment (the fact that the defendant commits a misunderstanding and thus makes it difficult to repeat the crime in the future) are the same crimes.

arrow