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(영문) 수원지방법원 여주지원 2019.09.30 2018고단1006
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(criminal power) On March 17, 2014, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from the credit branch of Suwon District Court on November 23, 2015, and a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the credit branch of Suwon District Court on November 23, 2015, respectively.

(Criminal Power)

1. On September 27, 2018, the Defendant was under the influence of alcohol 0.192% in a section of about 4km from the front of the inn city B to the front of C in the same city on September 27, 2018, and at the same time driving a DNA SUPPPER LAD motor bicycle (89C) without obtaining a motorcycle driver’s license.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by the mandatory insurance of automobiles;

Nevertheless, the Defendant operated a DNA SUPPER LAD motor bicycle (89C) that is not covered by the automobile mandatory insurance at the time and place mentioned in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each traffic accident report;

1. A written report from an employee of an employer;

1. A written appraisal of blood alcohol;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. On-site photographs;

1. Blucking images;

1. Previous records: Application of Acts and subordinate statutes on criminal records, inquiry reports and copies of each summary order;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (the crimes of unlicensed driving) shall be more severe;

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