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(영문) 청주지방법원 제천지원 2016.08.11 2016고단179
도로교통법위반등
Text

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

[criminal history] On September 28, 2007, the Defendant received a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving), etc. from the Chungcheong District Court’s support on September 28, 2007, and a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving) from the Chungcheong District Court’s support on July 17, 2014, respectively.

[Criminal facts] The Defendant is a person who is engaged in driving CH50H.

Although the Defendant was punished as a crime of violating the Road Traffic Act more than twice, on May 4, 2016, the Defendant was under the influence of alcohol concentration of 0.084% in the blood, without obtaining a license for an engine device bicycle around 17:50 on May 4, 2016. The Defendant destroyed the Defendant’s vehicle so that the Defendant was under the influence of alcohol concentration of 0.084% in the blood, and the Defendant was under the influence of driving the above otobbs not covered by mandatory insurance and proceeding the front of the obs in the front of the Donbs of the Donb Donb Donb Donb, and was under the influence of neglecting the Defendant’s duty of care under the influence of alcohol.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. A written statement and G statement of the occurrence of a traffic accident of E;

1. A report on the occurrence of a traffic accident, a traffic accident report, a report on the circumstances of the driver at home, and a report on the detection of the driver at home;

1. Inquiries about mandatory insurance and inquiries about the results of regulating drinking driving;

1. The driver's license ledger;

1. A written estimate of the cost of repairing insurance;

1. Image CCTVs in accidents;

1. CCTV photographs and accident site photographs (the criminal records as stated in the judgment);

1. Written inquiry and reply (criminal career);

1. Investigation report (verification of the same kind of power);

1. Application of statutes, such as a copy of judgment;

1. Article 151 of the Road Traffic Act (the point of damage to property), Article 148-2 subparag. 1, Article 44(1) of the Road Traffic Act (the point of drinking), Article 154 subparag. 2, and Article 43 of the Road Traffic Act (the point of driving under influence of alcohol), the compensation for motor vehicle damages concerning facts constituting an offense.

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