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(영문) 창원지방법원마산지원 2020.12.01 2020고단1010
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 18, 2010, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine for a violation of the Road Traffic Act; on August 1, 201, on August 1, 201, a summary order of KRW 3 million from the Changwon District Court to a fine for the same crime; on October 17, 201, a summary order of KRW 1.5 million from the same court due to the same crime; on March 6, 2015, the Defendant received a summary order of KRW 7 million from a fine for a violation of the Road Traffic Act; and on October 27, 2015, the Defendant was sentenced to a suspended sentence of two years for a period of six months.

1. At around 16:25 on July 31, 2020, the Defendant driven D Oralba without obtaining a motorcycle driver’s license in the 3km section of approximately 0.181% of blood alcohol concentration from the 3km to the C Association located in the Haan-gun, Haan-gun, the Haan-gun, the Haan-gun, the Haan-gun, the Haan-gun, the Haan-gunn-gun, the Haan-gunn-gunn-gunn-gunn-gunn-gunn-gunn-do.

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

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on the circumstances of an employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records of judgment: Criminal history records, investigation reports (Attachment to the suspect's previous records, written judgments, etc.), five copies of summary order, and one copy of written judgment shall apply;

1. Relevant provisions of Article 148-2(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 are not mandatory insurance.

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