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(영문) 창원지방법원 진주지원 2020.01.09 2019고단1324
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 7, 2008, the Defendant was issued a summary order of KRW 1.5 million with a fine for a violation of the Road Traffic Act at the Changwon District Court. On March 14, 2017, the Defendant was issued a summary order of KRW 4 million with the same crime.

【Criminal Facts】

1. Around September 12, 2019, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) operated a luculous lucul in a 200-meter section of the 200-meter radius from the flucular greenhouse of the Defendant’s operation, which is located in the Defendant’s operation in the Handong-gun B of the Gyeongnam-do, and driving a luculous lucul in a state of under the influence of alcohol by 0.175% without obtaining a driver’s license, from the flucul

As a result, the Defendant, without obtaining a driver's license, driven a motorcycle while under the influence of alcohol, in violation of the Road Traffic Act prohibition regulations at least twice.

2. Although the Defendant was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated a unregistered motor vehicle with the date and time and place indicated in the preceding paragraph, which was not covered by mandatory insurance for motor vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. Criminal land, notification of the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, and the register of driver's licenses;

1. Previous convictions in judgment: Application of two copies of a statement of criminal records, a copy of a summary order, etc.;

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

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the commercial concurrent crimes shall be imposed between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (free license), and the crimes of violation of the Road Traffic Act with heavier punishment (the crimes of driving under the same Article);

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