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(영문) 수원지방법원 성남지원 2016.07.06 2016고단1102

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2] On August 30, 2010, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a crime of violation of road traffic law (dacting driving) from the Lives Support of Lives Station, which was issued by the same court on February 6, 2014, a summary order of KRW 1,50,000 as a fine for the same crime, and a summary order of KRW 5 million as a fine for the same crime in the same court on January 22, 2016.

[Criminal facts]

1. On March 22, 2016, the Defendant driven a C New EF rocketing car under the influence of alcohol content of about 0.124% while under the influence of alcohol without obtaining a driver’s license from the cU convenience store front of the CU convenience store located in Leecheon-si, 03:20 on the same day from March 22, 2016 to the 49-2nd road in Gwangju-si, Gwangju-si, Gwangju-si, and then driving a vehicle under the influence of alcohol content of about 0.124% without obtaining a driver’s license.

As a result, the Defendant, who committed a crime of violating the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

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 C New EF rocketing car on the road, which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. The driver's license ledger (D);

1. Inquiry into mandatory insurance;

1. On-site photographs;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, investigation report (A), attachment of a summary order to the same type of force), previous convictions in disposition, and reporting Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

1. The crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes are crimes of violation of Road Traffic Act.