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(영문) 의정부지방법원 2016.09.30 2016고단2179

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 2, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the District Court on April 2, 2009, and the same month.

6. The same court has been issued a summary order of KRW 700,000 as a fine for the same offense.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, on May 29, 2016, the Defendant: (a) was a person holding a non-registered motor bicycle; (b) operated the motor bicycle without a motor device license in approximately 400 meters section from the front of the residence of the relative-gu in Spocheon-si in Spocheon-si to the lower-speed road in D; and (c) operated the above motor device bicycle without a mandatory insurance policy under the influence of alcohol content of 0.134% while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 48-2 subparag. 2, and the main sentence of Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

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

1. Selection of each sentence of imprisonment with prison labor (the defendant recommits the instant crime even though he/she had a large number of drinking and driving skills without obtaining a license, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55, Paragraph 1, Item 3 of the Criminal Act for Reduction of Small Quantity (the defendant driving a motor device bicycle) (the motor bicycle scrappings the motor device bicycle, the elderly and recognizes his mistake, there is no history of punishment exceeding a fine, and it is difficult for a basic livelihood supplier to be insured.