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(영문) 전주지방법원 정읍지원 2015.10.06 2015고단277

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 21, 2006, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) in the Jeonju District Court's regular support on December 21, 2006. On September 3, 2009, the Defendant issued a summary order of KRW 2.5 million for a fine for a violation of the Road Traffic Act (driving) in the same court on September 3, 2009, and on May 19, 2015, the Defendant was sentenced to imprisonment of 10 months for a violation of the Road Traffic Act (driving) and two years for a suspended sentence on May 27, 2015, and the judgment became final and conclusive on May 27, 2015.

1. On June 4, 2015, at around 10:18, the Defendant driven a DNA under the influence of alcohol concentration of 0.135% without obtaining a bicycle license for a bicycle device at approximately 6km section from the front of the Henban Military Security Zone located in the front of the Jeonbuk-gun, North Korea, and the front of the Defendant’s house located in the same military C, while under the influence of alcohol level of 0.135% without obtaining a bicycle license for a bicycle device.

As a result, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motorcycle while under the influence of alcohol without obtaining a bicycle license for a motor device.

2. They shall not be operated on a road that is not covered by mandatory insurance for violating the Guarantee of Automobile Accident Compensation Act;

The Defendant operated Daoba that did not purchase mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the crackdown of a suspect in violation of the Road Traffic Act (driving, driving without a license);

1. Notification of the result of crackdown on drinking driving;

1. Statement on the circumstantial statement of the employee;

1. A copy of the usage register of drunks;

1. Registers of driver's licenses;

1. Mandatory insurance policy;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal records, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime (the point of sound driving), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act;