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(영문) 수원지방법원 여주지원 2015.11.18 2015고단893

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal power] On September 7, 2007, the Defendant was issued a summary order of KRW 5 million from the Sungwon District Court's Sungnam Branch due to a crime of violation of the Road Traffic Act (driving) in the same support on January 20, 201, a fine of KRW 2 million due to a crime of violation of the Road Traffic Act (driving) in the same support on January 20, 201, and on August 6, 2015, a fine of KRW 5 million was issued, respectively.

【Criminal Facts】

1. On August 17, 2015, the Defendant was driving a Bsp motor vehicle at a section of about 15 km in front of the Espke road located in the Esprinke-Eup, e.g., the Espke at the speed of 0.134% of the blood alcohol level while under the influence of alcohol at around 23:30 on August 17, 2015 without obtaining a driver’s license.

Accordingly, the Defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol again.

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

Nevertheless, the Defendant operated the ice car as stated in Paragraph 1, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. A driver's license inquiry;

1. Notification of the results of crackdown on driving under influence of alcohol;

1. Mandatory insurance policies;

1. Before ruling: Application of criminal history records, inquiry reports, investigation reports (a separate summary order attached) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;

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