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(영문) 창원지방법원마산지원 2020.11.25 2020고단1020
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 9, 2019, the Defendant was issued a summary order of KRW 5 million as a fine for the violation of the Road Traffic Act at the Changwon District Court's Musan Branch for the violation of the Road Traffic Act.

On July 19, 2020, at around 19:10, the Defendant driven a clater under the influence of alcohol level of 0.215% without obtaining a driver's license from the public parking lot in the Haan-gun, Haan-gun, Haan-gun, the Haan-gun, the Haan-gun, the Haan-gun, the Haan-gun, the Haan-gun, the Haan-gun, the 517th, the 3km section from

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated an automobile without mandatory insurance, at the same time, at the same place and place as the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Mandatory insurance associations, the ledger of driver's licenses, the circumstantial statement of a drinking driver, and investigation reports (report on the circumstances of a drinking driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of Article 148-2 (1), Article 44 (1), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

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;

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 order to attend a lecture and the order to provide community service order, have relatively recently been punished for drunk driving, and thereby led to the instant crime even though the driver’s license was revoked, which led to the instant crime. It is not the first one to be discovered due to a non-license after the revocation of the license.

The central separation zone was also received.

(b).

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