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(영문) 대구지방법원 영덕지원 2018.06.08 2017고단284
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 20, 2017, the Defendant was sentenced to a suspended sentence of two years for eight months due to a violation of road traffic law in the Young-gu District Court's Young-gu branch on September 20, 2017, and the probation period becomes final and conclusive on September 28, 2017.

1. On November 11, 2017, the Defendant driving a four-wheeled wheel (one-wheel) with no registration number in the state of alcohol alcohol 0.232% while under the influence of alcohol 0.232% without obtaining a bicycle driver’s license, from the front side of the Ulsan-gun Eup, Ulsan-do, Ulsan-do, Seoul, to the front side of the same Eup/Myeonn-do., the Defendant driven a four-wheeled wheel (one-wheel) with no registration number under the influence of alcohol 0.132% in the form of alcohol while under the influence of alcohol without obtaining a bicycle driver’s license.

2. He/she shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;

Nevertheless, the defendant operated the above four wheelss, which was not covered by mandatory insurance, such as the date, time, place, etc. mentioned in paragraph 1, at the same time and place.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each investigation report (related to whether the principal driver is a driver, a motor device or bicycle);

1. Report on the circumstances of driving and driving without a license, notification on the results of regulating drinking driving, report on the circumstances of driving drivers, notification on the entry of unregistered and non-registered motor vehicles, and inquiry into the driver's license register and mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report on confirmation of the final date of the judgment of the same case);

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

1. The crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes are crimes of violation of Road Traffic Act.

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