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(영문) 창원지방법원 밀양지원 2016.04.14 2015고단453
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 17, 2009, the Defendant was issued a summary order of 700,000 won of a fine due to a violation of road traffic law (driving), etc. on July 4, 2012, the Defendant was sentenced to a fine of 1 million won by the same court due to the same crime, etc. on July 4, 2012. On January 23, 2015, the Defendant was sentenced to a fine of 5 million won by the same court as the same crime. On December 10, 2015, the Defendant was sentenced to a fine of 6 million won by the same court for the same crime.

1. On September 25, 2015, the Defendant driven a B 100 cc camba while under the influence of alcohol concentration of about 0.184% at a distance of about 200 meters from a 200-meter radius, at the parking lot of a hospital located in the Hannam-Eup fishery located in the Hannam-Eup, without a motor device bicycle driver’s license, to the same camba.

2. The owner of a motor vehicle violating the Guarantee of Automobile Damage Compensation Act was prohibited from operating a motor vehicle which was not covered by mandatory insurance, and the Defendant driven the motor vehicle, at the time and place as stated in paragraph 1, which was not covered by mandatory insurance, as stated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Written inquiry about mandatory insurance (B);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation and:

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