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(영문) 춘천지방법원 강릉지원 2017.07.06 2017고단23
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On May 2, 2016, the Defendant is a person who received a summary order of KRW 5 million for a fine of KRW 3.5 million for the same offense in the same court on September 29, 2014.

On October 16, 2016, the Defendant, while under the influence of alcohol content of 0.181% among the blood transfusion around 14:00, driven a 2 motor bicycle in the section of approximately 2.5 km from Gangseo-si B to the front road of the Love Medical Care Center for the same time from Gangseo-si B through Gangseo-si, the same hour-ro 135km.

As a result, the defendant was punished for driving under drinking more than twice, and driving a motor bicycle under the influence of alcohol again.

2. Defendant 1, who violated the Road Traffic Act (unlicensed Driving), driven a motor 2 motor bicycle in the ego 2 place without obtaining a motor bicycle driver's license at the same time and at the same place as above.

3. The defendant in violation of the Guarantee of Automobile Compensation Act is almost the holder of an engine 2 motor device in the City Ethy.

The defendant operated the motor bicycle that was not covered by mandatory insurance stipulated in the Guarantee of Automobile Damage Compensation Act at the same time and at the same place as the above Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

1. Article 148-2 (1) 1, Article 44 (1) 2, Article 154 (1) 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operation of an automobile which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Punishment;

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