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(영문) 창원지방법원 진주지원 2018.08.08 2018고단701
도로교통법위반(음주운전)등
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

On June 23, 2008, the Defendant was issued a summary order of KRW 2,50,000 as a fine for a violation of road traffic law in the Changwon District Court's Jinju Branch's Branch's order on June 23, 2008; on November 12, 2008, the Defendant was sentenced to a summary order of KRW 2,50,000 for the same crime; on August 6, 2009, the court was sentenced to imprisonment for April and two years for the same crime; on January 4, 2011, the Defendant was issued a summary order of KRW 2,50,000 for the same crime; on October 26, 201, the Defendant was sentenced to imprisonment for six months and two years for suspension of execution; and on February 1, 2012, the Defendant was sentenced to a fine of KRW 2,00,000 for the same crime; and on January 18, 2013.

1. On May 11, 2018, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving) on the road: (a) on May 11, 2018, the Defendant driven a motor motor vehicle III (50C) with no motor device license from C front to D bus stops at approximately 500 meters to the front road of D bus stops, without obtaining a motor device license; and (b) on the other hand, the Defendant was not registered under the influence of alcohol content of 0.158%.

Accordingly, the Defendant, who violated the prohibition of drinking alcohol driving twice again, driven a motor bicycle without obtaining a motor device bicycle license under the influence of alcohol.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person who actually holds two-wheeled motor vehicle (50C) with no registration assistant.

Although the owner of a motor vehicle is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, the defendant operated the above two-wheeled vehicle, which is not covered by mandatory insurance, at the same time and place as stated in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver at the main place of business and investigation report (the circumstances of the driver at the main place of business).

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