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(영문) 수원지방법원 성남지원 2015.11.10 2015고단1521
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be postponed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 27, 2014, at around 09:00, the Defendant violated the Road Traffic Act: (a) while driving a motorcycle without registration on May 27, 2014; (b) driving a motorcycle 125C 'B building' and driving at the front side of the Gyeonggi-si at the speed from the Sungnam-si, the Defendant found a DNA passenger car driven by the victim C driving in the opposite direction from the Sungnam-si, and (c) tried to yield the course to the right delivery; and (d) caused damage to the Defendant’s driver’s left side portion of the said f35,598 won at the repair cost.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated a 125cc non-motor bicycle, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

3. On March 21, 2008, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) is a person who has been sentenced to a fine of two million won for a violation of the Road Traffic Act (driving without a license) at the Sungwon District Court's Sungnam Branch on March 21, 2008, and a fine of four million won on June 17, 201 by the same court as the same crime and has been sentenced to a fine of four million won on at least two occasions under Article 44 (1) of the Road Traffic Act.

The Defendant driven a motorcycle under the influence of alcohol level of 0.133% without obtaining a motorcycle driver’s license in approximately 70 meters from front of GS25 convenience store in the GS25-dong of Gwangju metropolitan city to front of the same city B building.

Summary of Evidence

1. Defendant's legal statement;

2. C’s statement;

3. Investigation report on the actual condition of traffic accidents, notification on the results of the drinking driving control, the ledger of driver's license, and estimates.

4. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (former and report accompanied by a summary order).

1. Relevant provisions of Article 148-2(1)1 and Article 44(1) of the Road Traffic Act concerning criminal facts, Article 154 of the Road Traffic Act.

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