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(영문) 서울북부지방법원 2016.11.10 2016고단3012

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant issued a summary order of KRW 1 million on April 3, 2009 at the Seoul Western District Court (hereinafter “Seoul Western District Court”) with a fine of KRW 1 million for a violation of the Road Traffic Act, etc. on April 3, 2009, and on March 11, 2013, the Seoul Northern District Court issued a summary order of KRW 1 million for the same crime on March 11, 2013.

【Criminal Facts】

On June 10, 2016, at around 22:35, the Defendant driven a CSCo 110 motorcycle without a motorcycle driver’s license, while under the influence of alcohol of about 500 meters from the front day of the Dongdaemun-gu Seoul Dongdaemun-ro Association 29,000 to the front day of the Hancheon-ro 58,00, Hancheon-ro 11,000.

Accordingly, the defendant, who has violated the prohibition of drunk driving twice or more, drives a motorcycle in a drunken state in violation of the above regulations, and simultaneously drives a motorcycle without a motorcycle driver's license.

"2016 Highest 4001"

1. On May 24, 2016, the Defendant driving a motorcycle at the place where his/her address is unknown without obtaining a license for a motorcycle at around 13:10 on May 24, 2016 to the front day of the Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated the above motorcycle that was not covered by mandatory insurance at the same time and place as above.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, a report on the status of running a motor vehicle under consideration, and an appraiser;

1. The register of driver's licenses;

1. Report on the situation of operation without a license, and a statement of control;

1. Mandatory insurance policies;

1. A previous conviction: An inquiry letter and application of each summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning criminal facts;