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(영문) 창원지방법원 마산지원 2014.08.27 2014고단481
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 1, 2010, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act (driving). On December 19, 201, a summary order of KRW 1,500,000 for a fine of KRW 1,50,000 for the same crime from the Changwon District Court Branch Branch Branch on December 19, 201, and from the same support on August 16, 2013, a summary order of KRW 1,00,000 for a fine of KRW 1,000

1. On April 12, 2014, at around 01:15, the Defendant was driving BAcar car volume under the influence of alcohol without obtaining a driver’s license from a section of about 1km from the front of the old male police box located in the Sinsan-si male Dong in Changwon-si to the landing plaza located in the same Gu and south-dong, and without obtaining a driver’s license, during the influence of alcohol content of about 0.190%.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated a vehicle as described in paragraph (1) without purchasing mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Written report on the driver's license for the blood alcohol concentration of 0.190%;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. An investigation report (a report accompanied by a copy of the same final judgment);

1. Application of a copy of each statute of summary order;

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

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

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 on the suspension of execution;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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