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(영문) 수원지방법원 성남지원 2017.05.23 2017고단781

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The Defendant is a person who, on September 19, 2006, violated a summary order of KRW 1 million for a violation of road traffic law in support of Sungnam-gu Office of Friwon on September 19, 2006, issued a summary order of KRW 3 million for the same offense in the same court on November 19, 2008, issued a summary order of KRW 1 million for the same offense in the same court on February 21, 201, issued a summary order of KRW 1 million for the same offense in the same court on February 21, 201, and violated two times or more under the influence of alcohol by having issued a summary order of KRW 5 million for the same offense in the same court on May 6, 2013.

1. On March 20, 2017, the Defendant, in violation of the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving without a license), driven a motor bicycle with no registration VS125 motor vehicle without obtaining a bicycle driver’s license, in the section of about 1k alcohol level from the vehicle under the influence of alcohol level of about 0.125% in the direction of 201, due to the revision of the Mannam-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, driving the motor device bicycle under the influence of alcohol, and driving the motor device bicycle without obtaining a motor device bicycle driver's license.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is almost a holder of an engine device as set forth in paragraph (1).

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

Nevertheless, the defendant operated the motor bicycle which was not covered by mandatory insurance under the Guarantee of Automobile Compensation Act at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. A protocol of seizure and a list of seizure;

1. On-site photographs;

1. A written inquiry about criminal history;

1. Investigation report (report on the same criminal records and confirmation of the suspect), and application of Acts and subordinate statutes of each summary order;

1. The Road Traffic Act applicable to criminal facts;