beta
(영문) 청주지방법원 2015.09.16 2015고단1230

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 3, 2008, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act on September 27, 2013, respectively.

On July 3, 2015, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving) and was under the influence of alcohol at least 0.096% of the blood alcohol concentration without obtaining a motorcycle driver’s license on July 16, 2015, driving Calar 110cc in a approximately 700 meters section from the front of the elderly center located in the Heung-gu Soak-gu Soak-gu, Cheongak-gu, Hoak-gu to the front of the entrance of the regra in the same village.

2. No motor vehicle owner shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, at around 16:08 on July 3, 2015, the Defendant operated CMados 110C Madabs 110cc, owned by the Defendant, which was not covered by mandatory insurance, at the front of the entrance of the Magho-gu Mana, Goi-gu, Cheongju-si, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on detection of drinking drivers and the results of the control of drinking driving;

1. The register of driver's licenses of teas (Evidence Nos. 11), mandatory insurance bureau (Evidence No. 12), and car driving register;

1. “Real de facto survey report and on-site photographs”;

1. Previous convictions indicated in the judgment: The details of the management inquiry report, criminal history records, and summary orders attached with "a summary order, etc." attached thereto; the application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act) and the violation of the Road Traffic Act (the crimes of without a license).