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(영문) 인천지방법원 2016.09.22 2016고단3583
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 10, 2007, the Defendant was sentenced to a summary order of one million won or more as a crime of violating the Road Traffic Act at the Busan District Court, on December 3, 2009, the Incheon District Court issued a summary order of 3.5 million won or more as a crime of violating the Road Traffic Act (drinking) at the Incheon District Court, and on September 25, 2014, the Defendant was sentenced to a suspended sentence of 8 months or more as a result of a crime of violating the Road Traffic Act (drinking) at the Incheon District Court, and on October 3, 2014, the said judgment became final and conclusive.

1. On January 17, 2016, the Defendant violated Article 44(1) of the Road Traffic Act on two or more occasions, and proceeded with a 25km section from the 2-dong-dong-dong-dong-dong-dong-dong, Incheon, Nam-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant is a person who owns D Kac Truck truck,

A. On January 17, 2016, around 13:14, the Plaintiff operated the instant truck not covered by mandatory insurance at approximately 25 km section from the 2-4 km-dong, Namdong-dong, Incheon, to the front road around the 1072-4 km-dong, Nam-dong, Nam-gu, Incheon.

B. On May 10, 2016, around 09:20, around 09:20, the Plaintiff operated the instant truck, which was not covered by mandatory insurance, on the roads front of the Red Sea Logistics Center 59, the 59-ro, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Inquiry into respective and mandatory insurance;

1. Previous records of judgment: Results of inquiry, investigation reports (verification of the past record of the same kind of crime), summary order attached thereto, copies of each judgment, and application of Acts and subordinate statutes as a result of search of integrated cases;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, and Articles 148-2 (1) of the same Act (the point of repeated drinking) and 44 of the same Act; and

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