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(영문) 대전지방법원 공주지원 2015.03.06 2014고단273
도로교통법위반등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.

When the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[criminal power] On October 8, 2010, the Defendant received a summary order of KRW 1 million from the Daejeon District Court’s official branch of Daejeon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act (driving) and a fine of KRW 2 million for the same crime in the same court on September 28, 2012.

【Criminal Facts】

1. On September 21, 2014, at around 22:00, the Defendant driven B C 100 Orala with alcohol level of about 0.057% while under the influence of alcohol without obtaining a driver’s license from around 5km to the point at which 91km direction of the Daejeon Sin-do Highway, which was located in the same self-fighting movement from the Daedong-gu in Daejeon-gu, Daejeon-dong to the same self-fighting.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act is the owner of BT 100 Oral Ba, and even if he is not allowed to operate a motor vehicle which is not covered by mandatory insurance, he operated the above Oral Ba which is not covered by mandatory insurance at the date and place mentioned in the above paragraph (1).

3. The driver of a vehicle or horse, other than a motor vehicle violating the Road Traffic Act, was prohibited from driving on an expressway, etc., but the defendant, at the date and time specified in the above paragraph (1), driven a motor vehicle or horse on the area of about 5 km of the Daejeon Highway.

Summary of Evidence

1. Defendant's legal statement;

1. Mandatory insurance policies/A (digitalized documents);

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, report on the status of a driving under the influence of alcohol, notification of the results of the control of drinking alcohol

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. Previous records of judgment: Application of criminal history records, investigation reports (report on the previous records and the confirmation of criminal facts) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating without a mandatory insurance);

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