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(영문) 창원지방법원 2016.05.20 2016고단922

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 25, 2009, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (drinking driving), etc. at the Changwon District Court on May 25, 2009, and a fine of 2 million won for a violation of the Road Traffic Act (drawing driving) at the same court on September 14, 2009, respectively, and on September 9, 2015, the Defendant was sentenced to a suspension of the execution of 8 months for a violation of the Road Traffic Act (drinking driving) by the same court on September 17, 2015 and was sentenced to a suspension period.

1. On December 26, 2015, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (divated driving) driving a balp vehicle, which is owned by the Defendant, with about four kilometers in front of a rice processing complex located in the front of a rice processing site located in the front of a rice processing site located in the front of a mountain falp, Changwon-si, under the influence of 0.246% without obtaining a driver’s license of a motor vehicle around 19:40 on December 26, 2015.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, as the owner of Cgallon Round, operated the said cargo without purchasing mandatory insurance at the above time and place.

3. On April 18, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a balone truck with a maximum of 10 meters distance of 10 meters in front of the Defendant’s house located in Chang-si’s window D without obtaining a driver’s license around 19:20 on April 18, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a driver at the main place of business, a notice of completion of correction, a report on the circumstances of the driver at the main place of business, a written measurement of the driver at the main place of business and a report on

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: (A) inquiry into criminal records and application of Acts and subordinate statutes of criminal investigation report (Attachment to the previous convictions and judgment, etc.);

1. Driving under the relevant legal provisions concerning criminal facts: Article 148-2 of the Road Traffic Act;