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(영문) 창원지방법원 진주지원 2018.10.23 2018고단960
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On December 5, 2007, the Defendant was sentenced to a suspended sentence of 4 months for a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act (non-licenseed driving) at the Changwon District Court on March 5, 2007. On June 20, 201, the Defendant issued a summary order of 300,000 won for a crime of violating the Road Traffic Act (non-licenseed driving) at the same court on June 20, and on February 5, 2015, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with prison labor for a crime of violating the Road Traffic Act (non-driving driving) at the Changwon District Court on February 5, 2015.

[Criminal facts]

1. On July 20, 2018, the Defendant driven B obb while under the influence of alcohol content of about 0.171% at a five-meter section below that of a road, on July 20, 2018, where he/she was under the influence of alcohol, without a motor device bicycle license.

As a result, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, once again, driven a motor device bicycle without obtaining a motor device bicycle license in violation of Article 44(1) of the same Act.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person who has an objection against B.

The defendant did not purchase mandatory insurance at the above date, time, and place, and operated the above Oral Ba as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident and photographs at the scene of accident;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Inquiry into mandatory insurance;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the same type of criminal history) statute;

1. Criminal facts of Article 148-2 (1) 1, Article 44 (1) 2, Article 154 (1) 2, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Compensation Act.

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