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(영문) 창원지방법원 진주지원 2016.03.30 2015고단1304
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

1. On May 29, 2012, the Defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's support on May 29, 2012, and on June 24, 2015, the Defendant was punished for drinking two or more times, such as receiving a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Jink District Court's support.

On November 20, 2015, at around 14:05, the Defendant driven a c1 ton cargo vehicle with approximately 6km alcohol concentration of 0.157% while under the influence of alcohol at around 0.157%, without obtaining a driver’s license, from the section of approximately 6km to the national highways front of the 4761-distance oil station in front of the mountain-gun greenhouse which is cultivated by the Defendant located in Busan-gun B.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, without purchasing mandatory insurance at the time, at the place, and at the same time, operated the said C1 ton cargo vehicle owned by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Investigative into the ledger of drivers' licenses and disqualified drivers' licenses;

1. An inquiry into the enemy and mandatory insurance;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

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

1. Imprisonment with prison labor for choice of punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;

1. The fact that Articles 53 and 55(1)3 of the Criminal Act for the mitigation of a small amount of punishment (not less than three times the same type of punishment has no past record or more than the suspension of execution, and it is hard to prevent recidivism;

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