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(영문) 수원지방법원 안산지원 2016.10.21 2016고단2595

도로교통법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On March 28, 2012, the Defendant sentenced 8 months to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Suwon District Court on March 28, 2012, and completed the execution of the sentence in the Ansan Prison on November 25, 2012.

1. On July 5, 2014, at around 05:10 on July 5, 2014, the Defendant driven a ftraxG passenger car at the 1km section from the Defendant’s home to the eju oil station located D while under the influence of alcohol with a blood alcohol content of 0.084% without a vehicle driver’s license.

2. On July 5, 2014, at around 05:10, the Defendant violated the Road Traffic Act: (a) driving the said vehicle and driving the said vehicle on a two-lane road in front of the oil station in front of the city in the original city in the front of the E-owned city in the front of the water station in the front of the left-hand side of the vehicle while under the influence of alcohol, thereby damaging the said central separation zone by taking the central separation zone in front of the left-hand side of the vehicle while driving the vehicle without a license under the influence of alcohol so that the said central separation zone equivalent to KRW 1.2 million

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said vehicle at the time and place of the foregoing paragraph (1) and without having subscribed to mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Written statements and estimates;

1. Application of Acts and subordinate statutes of one copy of criminal records, reply reports, and personal confinement status;

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, the main sentence of Article 8, Article 151 of the former Guarantee of Automobile Accident Compensation Act (wholly amended by Act No. 12987, Jan. 6, 2015), Article 151 of the Road Traffic Act concerning criminal facts;

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

1. A crime of violating the Road Traffic Act regarding the selection of punishment;