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(영문) 창원지방법원 진주지원 2018.05.16 2018고단147
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On January 17, 2012, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating road traffic laws (drinking driving), and on August 30, 2013, the Defendant was sentenced to imprisonment for one year and a fine of KRW 200,000 for a crime of violating road traffic laws in the same court on August 30, 2013, and on January 16, 2016, the Defendant was sentenced to imprisonment for one year and six months by the same court on April 3, 2017, and completed the enforcement of the sentence in the first intersection of North Korean Branch on April 3, 2017.

1. On January 6, 2018, the Defendant, while under the influence of alcohol content of 0.087% in blood at around 16:04, the Defendant driven a bicycle for E 125cc motor device at the front of the D cafeteria located in Jin-si, Jin-si, Jin-si, Jin-si, with the alcohol content of 0.087%.

As a result, the Defendant violated it more than two times even though he was prohibited from driving a motor vehicle while under the influence of alcohol, and again drives the bicycle under the influence of alcohol.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of the E 125cc two-wheeled motor vehicles.

The owner of a motor vehicle is prohibited from operating a motor vehicle that is not covered by mandatory insurance on the road, but the defendant operated a member motor vehicle, which is not covered by mandatory insurance at the time and place specified in paragraph 1 of the above, on the road front of the D cafeteria located in the Jinju City.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A written statement;

1. On-site photographs;

1. Inquiry into mandatory insurance;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (verification of criminal records for repeated crimes, filing of court rulings and date of expiration of term of punishment);

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 and the main sentence of Article 8 of the same Act;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation concurrent crimes;

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