beta
(영문) 대전지방법원 2018.05.09 2017고단5074

도로교통법위반(음주운전)등

Text

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

However, the above imprisonment for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 23, 2010, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law at the Daejeon District Court on June 23, 201, and was sentenced to a fine of eight million won for a violation of road traffic law at the same court on June 18, 2015.

[Criminal Facts]

1. On November 20, 2017, the Defendant driven a 49cc occ occ bane with alcohol leveling 0.101% while under the influence of alcohol leveling 0.101%, without obtaining a driver’s license, from the fluent land not exceeding 10:35 on November 20, 2017 to the 50cc occ occ bane-gun, Chungcheongnam-gun, Chungcheongnam-gun, Geumsan-gun, Geumsan-gun, the upper end of 50cc occ.

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

Nevertheless, the defendant operated the 49c Tex, which was not covered by mandatory insurance, on the road at the time, place, such as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: The application of Acts and subordinate statutes after inquiring about criminal history and reporting the results of previous convictions;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense, as prescribed by the relevant Act, Article 48-2 subparag. 2, Article 154 subparag. 2, and Article 43 of the Road Traffic Act (the point of a licenseless driver of the road), Article 46 subparag. 2, and Article 46 subparag. 2, and Article 8 of the Guarantee of Automobile Compensation for Damages;

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

1. Selection of each imprisonment with prison labor for the operation of selective drinking and mandatory insurance;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation and: