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(영문) 창원지방법원 밀양지원 2017.09.14 2017고단335
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who has received each notice of a summary order of KRW 1 million from the Changwon District Court in the Changwon Branch on July 29, 2009 due to a violation of road traffic law (dacting driving), and a fine of KRW 5 million from the same court on April 30, 2014 due to the same crime, etc.

[Criminal facts]

1. On June 7, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) operated a 49cc occ occ in a section of about 30 meters without a license from the parking lot front of a 72 Dobroon to the same cafeteria, i.e., a 70cc occ occ occ occ occ occ occ occ occ occ occ occ in the shape of the blood alcohol level without obtaining a driver’s license for a motor device at around 21:25.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated 49cc Oral oba, which did not purchase mandatory insurance at the same time and at the same place as the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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

1. Notification of detection of non-registered soil contamination;

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

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. An order to attend a lecture or an order to provide community service has been punished several times for the same crime for sentencing in Article 62-2 of the Criminal Act.

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