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(영문) 춘천지방법원 영월지원 2017.01.24 2016고단390
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 17, 2015, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of road traffic law in the support of Youngcheon District Court on August 17, 2015. On August 9, 2016, the Defendant was sentenced to imprisonment for six months and two years of suspended execution, and the said judgment became final and conclusive on August 17, 2016.

Criminal facts

1. On June 19, 2016, the Defendant was driving a 50cc ambamer at the time of alcohol level 0.216% alcohol level while under the influence of alcohol level 0.216%, without obtaining a bicycle license, from the Defendant’s house located in the Pyeongwon-gun, Gangwon-do, Seoul Special Metropolitan City, to the front road of the same Eup/Myeon, 634-13, from the front day of the Defendant’s house located in the Defendant’s house located in the ambag-gun, Gangwon-do, Gangwon-do, Seoul Special Metropolitan City.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of an objection to 50cc Oral mera, a registered substitute machine.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, on June 19, 2016, the Defendant operated the Defendant’s house located in 00:10 on the day before the office of the Defendant, which was located in 00:0,000, to the day before the office of the same Eup/Myeon, from the day before the office of the Defendant, to the day before the office of the same Eup/Myeon-ro 643-13, not covered by mandatory insurance at approximately 2.5 km.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Notification of the results of regulating driving of drinking and reporting on the circumstances of driving of drinking;

1. The driver's license ledger;

1. On-site photographs;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of latter concurrent crimes);

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

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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