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(영문) 청주지방법원 2015.05.15 2013고단1806
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On October 22, 2010, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) at the Cheongju District Court (collective, deadly weapons, etc.), and completed the execution of the sentence on May 14, 201. On March 28, 2013, the Jeju District Court was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving), and on April 22, 2013, the Defendant was sentenced to a fine of four million won for the same crime at the same court.

1. Around 03:00 on November 12, 2013, the Defendant driven a Bbee car with approximately KRW 500 meters from the front day of the restaurant, where the trade name located on the site of the building site in the Yang Chang-Eup, Chungcheongnam-gun, Chungcheongnam-gun without a driver’s license, at least 0.137% of blood alcohol level, is unknown, to the front day of the restaurant in which it is difficult to identify, without a driver’s license, while under the influence of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving).

As a result, the defendant was punished for drunk driving more than twice, and driving a motor vehicle under the influence of alcohol without a driver's license.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant driven the said B B-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared by C related to a traffic accident;

1. The actual condition survey report, the report on detection of a drinking driver, the circumstantial statement of a drinking driver, the driver’s license certificate for motor vehicles, and the mandatory insurance association;

1. Previous records of judgment: Application of criminal history records, investigation reports (former records and confirmation/date of release/verification of the date of release/judgment attached to the judgment);

1. Article 148-2 (1) 1, Article 44 (1), Article 152 subparagraph 1, Article 43 of the Act on the Guarantee of Automobile Accident Compensation and Article 46 (2) 2, and Article 8 of the same Act concerning criminal facts;

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

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