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(영문) 서울중앙지방법원 2016.01.06 2015고단6852

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On October 7, 2008, the Defendant was issued a summary order of 1,500,000 won, which is sentenced to a fine for a violation of road traffic laws (drinking driving) at the Seoul Southern District Court (Seoul Southern District Court). On May 13, 2013, the Defendant was issued a summary order of 1,50,000 won, which is sentenced to a fine for a violation of road traffic laws (drinking driving).

1. On August 31, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving on the road without a driver’s license, and driving a B Lone Star motor vehicle from the front of Samsung Chus, which was located in the south of the wife population at Chicago-si, to the end of about 2 km away from the volcanic road to the 75-way road, in the event of the movement of the wife population at Chicago-si.

2. On October 6, 2015, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (druning without a license) driving on at least two occasions as above, and the Defendant driven Bone Starsch Rexroth under the influence of alcohol concentration of about 0.068% in the 3km section of the blood alcohol in Seoul Special Metropolitan City, Nowon-gu from the vicinity of the Annyang-si Scambia on October 6, 2015 to the 129th road.

3. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any automobile which is not covered by mandatory insurance;

Nevertheless, the Defendant, at each time and place described in paragraphs 1 and 2, was driving a Bone Star Co., Ltd. owned by the Defendant, which was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the partnership of the main office;

1. Reporting on detection of violations of traffic laws on roads;

1. Inquiries about the results of crackdown on driving alcohol;

1. Report on detection of an offender of the motor vehicle damage security;

1. An explanatory note;

1. The driver's license ledger;

1. Investigation report (Inquiry into non-performance of mandatory insurance);

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (the same criminal records and confirmation of suspects);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (the driver's licenseless driving of each license) concerning criminal facts, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the driver's licenseless driving of each license) concerning criminal facts;