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(영문) 창원지방법원 마산지원 2018.10.23 2018고단890
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

[criminal history] On August 25, 2015, the Defendant was sentenced to two years of suspension of execution on September 2, 2015 due to the violation of the Road Traffic Act (drinking), the violation of the Road Traffic Act (licensed driving) and the violation of the Guarantee of Automobile Compensation Act (drawing), and the judgment became final and conclusive on September 2, 2015. On October 21, 2015, the same court was sentenced to two years of suspension of execution on October 29, 2015 due to the violation of the Road Traffic Act (dacting driving), the violation of the Road Traffic Act (dacting driving), the violation of the Guarantee of Automobile Compensation Act (dacting driving) and the violation of the Guarantee of Automobile Compensation Act (dacting driving).

In this regard, on November 23, 2016, the defendant was sentenced to six months of imprisonment for the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act (non-licenseed driving), and the violation of the Guarantee of Automobile Damage Compensation Act, and the judgment became final and conclusive on December 1, 2016.

Accordingly, the sentence of each of the above suspended sentence was invalidated, and accordingly the defendant terminated the execution of each of the above suspended sentence on May 6, 2018.

[Criminal facts]

1. On July 21, 2018, the Defendant: (a) driven a motor-free efficon, without a motor device license, in the direction of approximately 8km from the road front of the C drinking house in Changwon-si Member B of Changwon-si, to the front road in Changwon-si E in Changwon-si, the Defendant driven a motor-free efficon, in the direction of about 0.162% of alcohol level among blood, without a motor device license, while under the influence of 0.162% of alcohol level.

As a result, the Defendant violated the Article 44(1) of the Road Traffic Act at least twice, driving a motor bicycle under the influence of alcohol at the same time, and driving a motor bicycle without a motor device license.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant did not purchase mandatory insurance and did not purchase any number plate, as described in paragraph 1.

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