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(영문) 수원지방법원 여주지원 2016.11.29 2016고단1062

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On March 21, 2014, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on March 21, 2014. On November 8, 2010, the same court issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving). On October 19, 2006, the same court issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) in addition to the issuance of a summary order of KRW 2 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Violation of the Road Traffic Act (driving without a license). On September 1, 2016, the Defendant driven a motor bicycle with about 2km and about 49cc. 4mpon (hereinafter referred to as “one-wheeled motor bicycle”) in the section of about 18m of the Escopian parking lot located in Ison-ro 18, 000, under the influence of alcohol around 0.130% of blood alcohol level, without obtaining a driver’s license on September 1, 2016.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the de facto holder of a four-wheeled motor bicycle, the effect of which is 49cc.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant, at the time and place specified in the preceding paragraph, driven a motor vehicle with the same effect as above, 49cc. 49cc. which was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Requests for appraisal;

1. A report on detection of a host driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the point of sound driving), subparagraph 2 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license).