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(영문) 춘천지방법원 원주지원 2018.09.19 2018고단714
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (drinking and non-licensed driving) by the Defendant is punished by a fine of three million won or more as a crime of violating the Road Traffic Act in the original state support of the Chuncheon District Court on May 22, 2007, and 2017;

7. 21. A person who has been issued a summary order of KRW 4 million in the same court for the same offense, respectively.

On June 30, 2018, around 08:02, the Defendant driven a two-wheeled vehicle with approximately 4 km alcohol level of 0.312% under the influence of alcohol level of 0.312% during blood, without obtaining a motor device bicycle driver's license from the front side of the original city of the original city of the Republic of Korea to the front side of the 1609-ro.

As a result, the Defendant, even though he had been punished not less than twice due to drinking, was driving at the same time while under the influence of alcohol without a driver's license.

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road which has not been covered by mandatory insurance of motor vehicles;

Nevertheless, the Defendant operated the two-wheeled automobile which was not covered by mandatory insurance at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs, notification of the results of regulating drinking driving, investigation reports, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act; Articles 154 subparagraph 2 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Although there are circumstances favorable to the defendant, such as the fact that the defendant's reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes are divided in depth into his errors, the defendant is allowed to have the same criminal records. Each of the crimes of this case is not covered by mandatory insurance under the status of 0.312% in the amount of non-licensed license and drinking volume.

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