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(영문) 창원지방법원 2016.05.13 2016고단215
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

On October 4, 2013, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Changwon District Court on the following grounds: (a) imprisonment with prison labor for six months; and (b) imprisonment with prison labor for a violation of the Road Traffic Act; and (c) imprisonment with prison labor for a violation of the Road Traffic Act at the same court on October 22, 2012; and (d) four times

1. On December 7, 2015, the Defendant was under the influence of alcohol level of 0.114% among blood transfusions on December 20:36, 2015, and the Defendant driven an off-to-land 5, in front of the office of manpower in a shop located in the Chang-si shop located in the window of Chang-si, Chang-si, the Defendant driven an off-to-land 5, in front of the middle school distance in the same Gu’s salary class, with no number plate up to the road front of the middle school distance in the Chang-si.

2. Although the owner of a motor vehicle violating the Guarantee of Automobile Compensation Act was prohibited from operating a motor vehicle on the road which was not covered by mandatory insurance, the Defendant operated the motor vehicle on the same date and time as, at the same place as, the foregoing, without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the situation of the driver at the main place, report on the detection of the driver at the main place, and notification of the completion of correction;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reporting (Attachment to summary orders, etc.);

1. Driving under the relevant legal provision on criminal facts: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Act on the Guarantee of Automobile Compensation: Article 46 (2) and Article 8 of the Act on the Guarantee of Automobile Compensation;

1. Selection of each sentence of imprisonment;

1. Articles 37 and 38 of the Criminal Act to increase concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant committed the instant crime even though he was under the influence of having been sentenced to suspended sentence due to the crime of violating the Road Traffic Act (driving of alcohol) as stated in the facts constituting the crime, such as the observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act, and driving of the instant drinking.

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