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(영문) 창원지방법원 진주지원 2016.06.21 2015고단555
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 18, 2008, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a crime of violating the Road Traffic Act (driving without a license) at the Changwon District Court on January 18, 2008, and on February 26, 2015, the Defendant was sentenced to a suspended sentence of four million won by a fine for the same crime at the Jinwon District Court on February 26, 2015, and was sentenced to a summary order of four million won by violating Article 44(1) of the Road Traffic Act on more than two occasions.

On May 14, 2015, around 14:05, the Defendant driven Buer XG car in the state of alcohol alcohol concentration of about 7 km from the front of the cafeteria "Saun" restaurant located in the upper village of the Jini-si, Jin-si, Jin-si, to the front of the Gau middle school located in the original village of the same city of common nature at around the same time without the driver's license.

2. The Defendant violated the Guarantee of Automobile Compensation for Damages, who owned the said franchise XG car, operated an automobile that was not covered by mandatory insurance as above at the time of the above day.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Investigative into the driver's license ledger and mandatory insurance;

1. Previous convictions: Inquiry into criminal history, application of investigation reports (the same type of judgment and summary order) Acts and subordinate statutes;

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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