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(영문) 서울동부지방법원 2018.01.18 2017고단3373
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for eight months and a fine of thirty thousand won; and

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On April 14, 2014, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) at the Seoul Eastern District Court on April 14, 2014, and was sentenced to a suspended sentence of 1.5 million won by a fine at the Seoul Eastern District Court on May 30, 2017.

On July 11, 2017, at around 22:42, the Defendant operated a motor motor bicycle without obtaining a motor device license within a section of approximately 1 kilometer from the roads on the innate road located in Gangdong-gu Seoul Metropolitan Government to the street 55 in front of the same Gu, and without obtaining a motor device license within a section of approximately 1 kilometer from the same Gu to the street 55 in the same Gu.

Accordingly, the defendant, who had a record of driving a second drinking alcohol, has driven a bicycle without a license for the 124CC engine device at the same time.

2. The Defendant, while failing to purchase mandatory insurance at the time and place specified in the preceding paragraph, was driving a bicycle for 124CC engine devices as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. A report on the self-violation of an offense;

1. The driver's license ledger;

1. Photographs, records of control, and inquiries about administrative dispositions taken by the main office (before judgment);

1. References to inquiries, such as criminal history, attachment of written judgments, and application of the statutes on Defendant’s statement;

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

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

3. The punishment of a violation of the Road Traffic Act shall be sentenced to imprisonment with prison labor, a fine for a violation of the Road Traffic Act, and a violation of the Guarantee of Automobile Compensation Compensation.

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