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(영문) 청주지방법원 2017.08.31 2017고단710

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 13, 2012, the Defendant was sentenced to a fine of three million won by the Cheongju District Court for a crime of violating the Road Traffic Act (driving) and a fine of four million won by the Cheongju District Court on September 5, 2016.

1. Violation of traffic laws on roads, and violation of traffic laws on roads;

A. On March 16, 2017, at around 16:20, the Defendant driven a B rocketing car under the influence of alcohol leveling 0.176% in blood alcohol level without a vehicle driver’s license from the front of the nearby studio in the vicinity of the "Mosh Golf", which is located in the Heung-gu Seoul Metropolitan City, Seo-gu, Chungcheongnam-gu to the front road of the same air transmission route to approximately 200 meters in the middle school.

B. At around 10:40 on March 18, 2017, the Defendant driven the said car without the driver’s license from around about 500 meters from the 197-ro 97-ro Madro-ro Madro-ro to the 8-way Madro-ro 97-ro Madro-ro Madung-dong, Seo-gu, Seodong-gu.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

The Defendant operated the car that was not covered by mandatory insurance at the time and place of the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A survey report on actual condition and an accident scene photograph;

1. Notification of the results of regulating driving of drinking alcohol and statement of the circumstances of driving of drinking alcohol;

1. A statement on the operation of illegal automobiles;

1. Inquiry into the ledger of driver's licenses and information on non- mandatory insurance;

1. Previous convictions: Inquiry into criminal history, investigation reports (a criminal suspect and attachment of the same military record), and application of a copy of each summary order by statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of drinking), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a motor vehicle which is not mandatory insurance);

1. Trade name;