logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.06.21 2017고단790
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 25, 201, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine of KRW 1,00,000 due to a crime of violating the Road Traffic Act (drinking), and on November 10, 2014, a fine of KRW 5,00,000 due to a crime of violating the Road Traffic Act (drinking) at the same court.

1. On March 8, 2017, the Defendant driven a bicycle with a motor motor device under the influence of alcohol level of about 0.162% (pulmonary measurement level) at a section of about 300 meters, without obtaining a motor bicycle driver’s license, from the front side of the physical distance in the winter-dong in Kimhae-si at the time of Kimhae-si to the south side of the sea area in the same city, from around 20:35 on March 8, 2017.

As a result, the defendant violated the prohibition of drinking at least twice, and drives a motor vehicle without obtaining a motor device bicycle driver's license under the influence of alcohol in violation of the above provision.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) the Defendant owned a bicycle with no number of 49c motor vehicles; (b) operated the said motor vehicle, which was not mandatory insurance, on the road, even if he was prohibited from operating on the road; and (c) operated the said bicycle without mandatory insurance at the place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Notification of detection of non-registered soil contamination;

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A) and the application of Acts and subordinate statutes;

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

1. There is a difference between the crimes of Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes and the crimes of violation of the Road Traffic Act (non-licensed driving).

arrow