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(영문) 의정부지방법원 2018.02.13 2017고단3970
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Defendant A was sentenced to a summary order of a fine of five million won for a violation of road traffic law at the Jung-gu District Court on July 21, 2014; on November 27, 2014, Defendant A was sentenced to a summary order of a fine of three million won for the same crime in the same court on November 27, 2014; and on November 25, 2016, Defendant A was sentenced to a suspended sentence of two years for imprisonment for the same crime in the same court on June, 2016, and the judgment became final and conclusive on December 3, 2016.

Criminal facts

The Defendant is a person who is engaged in driving a two-wheeled vehicle that has no number plate 110cc.

1. On July 9, 2017, the Defendant was driving the two-wheeled automobile under the influence of alcohol content of 0.248% in blood without obtaining a bicycle license from the 1km section of approximately 1km to the front road of the 21:30 Mancheon-si, an Eup-si, in the vicinity of the 21:30 Mancheon-si on the same day from the 21:0 Mancheon-si on July 21, 2017, the Defendant was driving the two-wheeled automobile under the influence of alcohol content of 0.248% in blood.

As a result, the defendant violated the prohibition of drinking at least twice, and drives a motor vehicle without a motor device license under the influence of alcohol.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the two-wheeled automobile that was not covered by mandatory insurance as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report on the actual condition of a traffic accident, photographs of the scene of the accident and the accident vehicle, alcohol appraisal report during blood, and the register of driver's licenses;

1. Previous convictions: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning facts constituting an offense, Article 154 Subparag. 2 and 43 of the Road Traffic Act (the point of driving alcohol), and Article 46(2) of the Guarantee of Automobile Damage Compensation Act.

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