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(영문) 광주지방법원 순천지원 2016.08.09 2015고단2554

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On October 23, 2015, the Defendant was issued a fine of KRW 4 million for a crime of violating the Road Traffic Act in the Gwangju District Court’s Net Branch on May 16, 2013, and a fine of KRW 5 million for the same crime in the same court on December 17, 2014, respectively. < Amended by Act No. 11871, Oct. 23, 2015>

A. On October 23, 2015, the Defendant driven a B observer car without the driver’s license from around 5 km to the lower roads of the lower village located in the same ebbul-dong in light of the alcohol concentration of 0.159% among the blood transfusion around 13:15 on October 23, 2015.

(b) No owner of an automobile violating the Guarantee of Automobile Compensation for Loss shall operate an automobile not covered by mandatory insurance;

Nevertheless, the defendant, like the above A, operated the B observer car which was not covered by mandatory insurance on the road.

2. The Defendant is a person who has an objection to C, committed on June 14, 2016 (2016 high order 1207).

On June 14, 2016, the Defendant, without obtaining a driver's license for a bicycle for a motor engine device from around 19:20, run a Daba not covered by mandatory insurance within approximately 6km section from the front day of human resources in front to the lower side of the lower village in the Mabyang city.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written inquiry about each mandatory insurance;

1. The ledger of driver's licenses of each motor vehicle;

1. Previous convictions: Inquiry into criminal history, investigation reports (Attachment of the same type of crime records), application of Acts and subordinate statutes of two summary orders;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act; Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Compensation Act; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning the compensation of respective motor vehicles;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;