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(영문) 창원지방법원 2020.10.21 2020고단32
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

【Criminal Power】 On March 10, 2016, the Defendant was issued a summary order of KRW 3 million at the Busan District Court on the grounds of a violation of the Road Traffic Act.

【Criminal Facts】

1. Around 04:46 on December 26, 2019, the Defendant driven a DNA rocketing car with a blood alcohol content of about 0.124% from the 3km section from the 3km to the roads in front of the gas station in Kimhae-si, Kimhae-si around 04:46 on December 26, 2019.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of Drocketing and other automobiles.

No one shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the Defendant, at the time and place specified in Paragraph 1, operated the said rocketing car without being covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses, notification of the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and mandatory insurance;

1. Previous convictions in judgment: To inquire into crimes and investigation records and to apply Acts and subordinate statutes in a summary order;

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

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

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