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(영문) 창원지방법원 2016.03.31 2015고단3295
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

Criminal facts

1. On November 21, 2015, the Defendant violated the Road Traffic Act (driving of alcohol) around November 21, 2015, the Defendant driven a cub vehicle B in the state of under the influence of alcohol with approximately 0.068% alcohol concentration from the parking lot for mother and child hospitals located in the direction of the window of Changwon-si, Changwon-si to the front road of the Do square located in the same Dong from around 200 meters to the Do square.

2. On November 25, 2015, the Defendant violated the Road Traffic Act (drinking) on August 19, 2007, issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking) in the branch court of the Busan District Court in Busan District Court on August 19, 2007. On November 21, 2015, the Defendant driven a motor vehicle while under the influence of alcohol and was exposed to the Changwon Police Station for suspected violation of the Road Traffic Act (drinking).

On November 25, 2015, the Defendant driven the said car under the influence of alcohol content of approximately 0.100% from a 200-meter section of blood alcohol to the front road of the Do square in the same dong, which is located in the guidance of the window of Changwon-si, Changwon-si around 00:08.

3. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of the said passenger car.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the Defendant operated the said car without mandatory insurance from November 21, 2015 to November 25, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of alcohol;

1. Inquiry into mandatory insurance (based on November 6);

1. Making teas;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of self-driving on November 25, 2015), Article 148-2 (2) 3, and Article 44 (1) (the point of self-driving on November 21, 2015) of the Road Traffic Act concerning criminal facts; Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation for Damages;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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