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(영문) 광주지방법원 2017.12.12 2017고단985
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 16, 2013, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Gwangju District Court on August 16, 2013. On April 11, 2016, the Defendant was sentenced to a fine of five million won for the same crime in the same court.

[Criminal facts]

1. On March 13, 2017, the Defendant: (a) violated the Road Traffic Act (drinking driving) and violation of the Road Traffic Act (drinking driving) driven C rocketing 3 automobiles while under the influence of alcohol content of 0.083% at the speed of 5km to the front road of the Red Sea Bap, Seo-dong, Seo-gu, Seo-gu, Seo-gu, Gwangju at around 23:45, 2017.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of a rocketing 3 car.

No person shall operate any motor vehicle which has not been covered by mandatory insurance.

Nevertheless, the defendant operated the car without mandatory insurance at the above temporary location.

"2017 Highest 5003"

3. On October 22, 2017, the Defendant violated the Road Traffic Act (non-licenseless Driving) driven C Bata on the road located in the Advanced District in the Gwangju Mine-gu without obtaining a driver’s license on around 21:40 on October 22, 2017, from the road located in the Gwangju Mine-gu, to the high-tech road located in 945, in the direction of about 500 meters from the road located in the Gongbuk-gu

Summary of Evidence

"2017 Highest 985"

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: "Written reply to inquiry, such as criminal history, 2017 Highest 5003";

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the non- mandatory insurance) concerning the motor vehicle;

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