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(영문) 수원지방법원 평택지원 2016.01.22 2015고단1756
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 12, 2012, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for a violation of the Road Traffic Act in the Suwon District Court on the grounds of a violation of the Road Traffic Act, etc., and three years by the same court on July 11, 2012.

1. Although the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (Dless Driving) had the power to drive the said drinking twice or more, the Defendant again driven approximately 50 meters of alcohol during the blood while under the influence of 0.222% of alcohol during the influence of alcohol from the 0.22% of the alcohol level from the 0.22% of the alcohol level in front of the 200th day of Pyeongtaek-si in the middle-ro 2-ro of Pyeongtaek-si, Pyeongtaek-si, Seoul, without obtaining a bicycle driver’s license for the motor device around 11:45 on October 22, 2015.

As a result, the Defendant, who had a drinking twice or more, driven a motor vehicle under the influence of alcohol without obtaining a driver’s license again.

2. Although the Defendant was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant driven the motor vehicle on the date and time, at the place specified in the preceding paragraph, without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of a traffic accident;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions: A reply to inquiry, such as criminal history, a copy of each summary order, and the application of each statute of the judgment;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, and the main sentence of Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

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

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