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(영문) 창원지방법원 진주지원 2017.06.13 2017고단92
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

(b) the defendant;

Reasons

Punishment of the crime

[criminal history] On October 7, 2009, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drawing without a license) at the Changwon District Court's Jinju branch on October 7, 2009. On October 28, 2009, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving) at the Jinwon District Court's Jin branch, and received a summary order of KRW 5 times the same criminal record.

[Criminal facts] The Defendant is a holder of B Poter Cargo Vehicle.

On December 21, 2016, the Defendant driven the above cargo without having to purchase an automobile insurance policy at approximately 0.137% under the influence of alcohol, without obtaining a driver’s license, from the front side of the Red king Oil Station located in the gold-si in the same Si/Gu-Eup from about 1km to the water supply road in the same Si/Gu-Eup.

As a result, the Defendant already violated the prohibition on drinking at least twice, and again operated a drinking driving, a non-licensed driving, or a non- mandatory insurance vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Making a statement on the circumstances of the driver involved in driving, making a report on the detection of the driver involved in driving, and making inquiries about the results of regulating drinking;

1. Registers of inquiry into the association of the main office and driver's licenses;

1. Inquiry into the mandatory insurance and inquiry into information on non-performance of mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same criminal record and summary order);

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

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

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

1. The observation of protection, the reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - Circumstances unfavorable: The majority of previous convictions and favorable circumstances: the crime.

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