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(영문) 수원지방법원 성남지원 2019.02.20 2018고단2722
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On May 1, 2008, the Defendant was issued a summary order of KRW 2 million with fine for a violation of the Road Traffic Act (driving) at the Sungnam Branch of the Suwon District Court on September 24, 2009, a summary order of KRW 3 million with fine for a violation of the Road Traffic Act (driving) at the Daegu District Court’s Yeongdeungpo Branch of the Daegu District Court on September 24, 2009, and a summary order of KRW 3 million with fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on April 13, 201, respectively.

In addition, on November 3, 2017, the Defendant was sentenced to imprisonment with prison labor for six months for the violation of the Road Traffic Act at the Sung-nam branch of Suwon District Court on November 3, 2017, and the judgment was finalized on November 11, 2017.

【Criminal Facts】

1. Despite the fact that the Defendant had been punished twice or more for the violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license), the Defendant driven an electric scooters of the 1,200-w, output under the influence of alcohol by 0.160%, without obtaining a driver’s license, on August 26, 2018, from the road located in the Gyeongan-dong, Gwangju City to the roads located in the Gyeongan-dong, Gwangju-si, about 08:16 on August 26, 2018 to the C adjacent to the same city.

2. No owner and holder of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall operate any automobile on the road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated an electric scoo in the output of 1,200 kw that is not covered by mandatory insurance, as described in paragraph (1), at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses and mandatory insurance;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (former and previous records);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the point of sound driving), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license).

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