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(영문) 광주지방법원 순천지원 2018.11.30 2018고단1811

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On March 14, 2013, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (drinking driving), a violation of the Road Traffic Act (drinking driving), and a violation of the Road Traffic Act (drinking driving), and a fine of KRW 4 million by the same court on September 17, 2012.

1. On July 13, 2018, the Defendant driven DVL125 Meba while under the influence of alcohol content 0.239% under the influence of alcohol while under the influence of alcohol, without obtaining a motor bicycle license, from around 2km-si B through C around 21:10 on July 13, 2018.

Accordingly, the defendant, who has been punished for driving under drinking not less than twice, has driven a motor device bicycle without a license while driving the motor device again.

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant, even though he did not purchase a mandatory motor vehicle insurance, was driving Oba, as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Domestic death report (any violation of the Guarantee of Automobile Damage Compensation A, a suspected person);

1. A survey report on actual conditions;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Evidence and photographs of the traffic accident;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning criminal facts; Article 46 subparag. 2, and the main sentence of Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (LA) are heavier between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act (LA) and the punishment.