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(영문) 대전지방법원 천안지원 2018.11.22 2017고단2546

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Power of crime] On August 10, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic laws in the Daejeon District Court's Branch of the Daejeon District Court (Drink). On October 26, 2007, the same court issued a summary order of KRW 700,000 for a crime of violating road traffic laws (drinking).

[Criminal facts]

1. Although Defendant 1 violated Article 44(1) of the Road Traffic Act on at least two occasions, Defendant 1 again driven a motor-free bicycle in the section of about five km from the road 460 km to the road 460 km, under the influence of alcohol level of around 19:10 on July 24, 2016 when he/she was under the influence of alcohol level of 0.136% during the blood transfusion on July 24, 2016.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is almost a holder of an unregistered motor vehicle.

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

Nevertheless, from around 14:00 to around 19:10 on July 24, 2016, the Defendant operated the said motor vehicle not covered by mandatory insurance at approximately 25 km section from the front side of the Dobong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seocheon-si, Chungcheongnam-si to the 460 front roads of Asan-si, Seosan-si.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. A traffic accident report;

1. Photographs;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. 119 first-aid services notification;

1. Records of the emergency department;

1. Inquiry into facts;

1. Previous convictions: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, investigation report (related to a suspect A, file of an inquiry report, file of an investigation report), investigation report (related to a suspect A and file of a summary order);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2(1)1 and 44(1) (in cases of drinking) of the Road Act, Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (in cases of operating automobiles which are not mandatory insurance) and each of them.