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(영문) 창원지방법원 2016.06.16 2015고단930
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. On April 2, 2015, the Defendant, at around 19:40 on April 2, 2015, driven a non-registered 49 ccala while under the influence of alcohol content of about 0.162% in blood without a motor device bicycle driver’s license, from the place near the place of the infinial flag to the place of the window of the Changwon-si, Changwon-si, Changwon-si, to the 21st century.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of the foregoing unregistered 49cc.

The defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place above.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Photographs;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to the same type of judgment, etc.);

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage 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. Article 62 (1) of the Criminal Act on the stay of execution (The details and contents of the crime, and the history of the crime);

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