beta
(영문) 수원지방법원 성남지원 2016.09.02 2016고단1179

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On May 4, 2016, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act in the Sung-nam Branch of Suwon District Court on the grounds of the violation of the Road Traffic Act. On July 21, 2010, the Defendant received a summary order of KRW 4 million for the same crime from the Jeonju District Court on July 21, 2010. On November 22, 2007, the Defendant had the record of receiving a summary order of KRW 4 million for the same crime in the Jeonju District Court’s military mountain support, and on November 21, 2007, the Defendant received a summary order of KRW 2 million for the same crime from the Jeonju District Court’s military mountain support.

Criminal facts

1. On April 20, 2016, the Defendant driven a 125c motor bicycle under the influence of alcohol concentration of 0.171% in the middle-term distance from the roads front of the Sungnam post office located in the Sungnam-dong, Sungnam-gu, the Sinnam-si, to the front road of the exit of approximately 1.8km in the same Sinnam-dong, without obtaining a bicycle driver’s license for motor device at around 20:58, the Defendant driven a 125c motor bicycle under the influence of alcohol concentration of 0.171%.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

2. Any person who violates the Guarantee of Automobile Accident Compensation Act is prohibited from operating a motor vehicle which is not covered by mandatory insurance, and the defendant operated a motor bicycle 125cc motor vehicle not covered by mandatory insurance on April 20, 2016, around 20:58, on the two-way long-distance street station specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Registers of driver's licenses;

1. Notification of discovery of unregistered earth and rocks;

1. Previous convictions indicated in the judgment: Impositions of dispositions, confirmation reports on results, and application of Acts and subordinate statutes to investigation reports (report on confirmation of the same kind of power);

1. Relevant laws concerning criminal facts, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of sound driving), and the Road Traffic Act;