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(영문) 창원지방법원 마산지원 2016.11.01 2016고단873
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 28, 2014, the Defendant was sentenced to a fine of KRW 4 million for a crime of violation of the Road Traffic Act (driving) in the Changwon District Court’s Msan Branch on the grounds of a violation of the Road Traffic Act, and a fine of KRW 5 million for the same crime in the same court on April 23, 2015, respectively.

【Criminal Facts】

On July 9, 2016, at around 01:52, the Defendant driven an effic acid 125Rabs that was not covered by mandatory insurance without obtaining a driver's license in the section of approximately 3 km from the front line of the trade name in Changwon-si, Changwon-si from the front line of the window in Changwon-si to the roads adjacent to the sular intersection.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the circumstances of the driver concerned, report on the detection of the driver concerned, and the register of driver's licenses;

1. Investigation report (verification of non-life insurance);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Provided, That within the scope of adding up the long-term punishments of two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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