도로교통법위반(음주운전)등
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.
Punishment of the crime
[criminal power] On September 30, 2010, the Defendant is a person who received a summary order of a fine of KRW 5 million from the Incheon District Court on September 30, 201, and on January 28, 201, the same court received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) and received a fine of KRW 3 million from the same court on two or more occasions.
【Criminal Facts】
The defendant is a person engaged in driving of a motorcycle without a license plate.
1. On November 8, 2014, the Defendant violated the Road Traffic Act: (a) driven the above motorcycle while under the influence of alcohol content of 0.172% at around 03:20 on November 8, 2014; and (b) proceeded with the road front of 38 nark, Seo-gu, Incheon.
At the time, since it was at night, the driver had a duty of care to safely operate the steering gear by accurately operating the steering gear and the steering gear.
Nevertheless, the Defendant’s negligence of driving the Defendant’s motorcycle while neglecting this, and caused the damage to the said car to the extent that the repair cost equivalent to KRW 410,000, which was 410,000 by receiving a part of the victim’s CM3 vehicle driving, which was stopped by the Defendant’s motorcycle.
2. The Defendant driven the above vehicle without a motorcycle driver’s license in the sphere of approximately 300 meters of blood alcohol concentration from the Do near Seo-gu Incheon, Seo-gu, Incheon to the place indicated in paragraph 1 at the time and time set forth in paragraph 1.
3. The Defendant violated the Guarantee of Automobile Accident Compensation Act driving the said motorcycle, which was not covered by automobile mandatory insurance, at the time and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. A report on detection of a host driver, and a statement in the circumstances of a host driver;