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(영문) 창원지방법원 통영지원 2017.11.30 2017고단1050
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

[criminal history] The Defendant was sentenced to a fine of KRW 1.5 million on September 18, 200 for a crime of violating road traffic laws in the Changwon District Court’s Tong-gu branch on September 18, 2009, and was sentenced to a fine of KRW 4 million on November 2, 2015 for a crime of violating road traffic laws in the same court on November 2, 2015.

[Criminal facts]

1. On June 15, 2017, the Defendant: (a) violated the Road Traffic Act (d) and violated the Road Traffic Act (licensed driving) operated a motor bicycle under the influence of alcohol of about 0.204% of alcohol concentration in blood without obtaining a motor device license from the section of approximately 1km from the 1km m to the road front in front of the Gyeongnam-si, Gyeongnam-si; (b) around 15:40 on June 15, 2017, while driving a motor bicycle under the influence of alcohol of about 0.204%.

2. A person who violates the Guarantee of Automobile Damage Compensation Act shall not operate a motor vehicle which is not covered by mandatory insurance, but the defendant operated a DNA motor device bicycle on the road at the time and place specified in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of E;

1. A fact-finding survey report, report on the occurrence of a traffic accident, and an accident scene photograph;

1. Notification of the results of regulating driving of drinking alcohol, a statement in the circumstances of the driver of drinking alcohol, and an investigation report;

1. The ledger of driver's licenses, chassis, mandatory insurance inquiries, and estimates of general repair costs;

1. Reports on internal investigation and investigation reports;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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