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(영문) 인천지방법원 2017.12.18 2017고단7572
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 26, 2010, the Defendant issued a summary order of a fine of three million won in the Incheon District Court due to a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on May 26, 201, and on July 29, 2016, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for the same crime, etc. at least twice.

1. Nevertheless, on August 22, 2017, the Defendant was under the influence of alcohol 0.232% of alcohol while driving a motor device bicycle at around 21:32 on the same day without obtaining a driver’s license for a motor device at around 21:32 on August 22, 2017 and proceeded with approximately 2 km from the dry field in Incheon Gyeyang-gu, Incheon, ScU convenience store to the 26 km road in front of the same Gu.

2. No motor vehicle which is not covered by mandatory insurance for guaranteeing liability for motor vehicle damages shall be operated on a road;

Nevertheless, the Defendant operated an unregistered 50 cc U.S. on the date and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of B and C;

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

1. Inquiries about the results of crackdown on driving drinking, and inquiry about the results of crackdown on driving drinking;

1. Response to a request for appraisal;

1. Evidence of reinforcement of crimes in violation of the Guarantee of Automobile Compensation for Damage, Report (Investigation Record No. 14 through 16 pages);

1. The driver's license ledger;

1. Previous convictions: References to inquiries, investigation reports (Attachment to the previous convictions concerned and a copy of the judgment), summary order attached thereto, and application of respective Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2 of the Guarantee of Automobile Compensation Act; the main sentence of Article 8 of the Guarantee of Automobile Compensation; Articles 154 subparagraph 2 and 43 of the Road Traffic Act (non-licensed driving)

1. The punishment is added between the crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (drawing) and the crimes of violation of Road Traffic Act (drawing).

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