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(영문) 창원지방법원 밀양지원 2017.01.05 2016고단573
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On December 12, 2013, the Defendant was sentenced to the violation of the Road Traffic Act (drinking driving), the violation of the Road Traffic Act (licensed driving), the violation of the Guarantee of Automobile Compensation, the violation of the Special Act on the Settlement of Traffic Accidents, the violation of the Motor Vehicle Management Act, and the violation of the Motor Vehicle Management Act, and the execution of the sentence was terminated on June 17, 2014.

1. On October 14, 2012, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drawing driving without a license) and was punished by imprisonment with labor for not less than ten months on July 22, 2013, on the grounds that he/she had a record of violating Article 44(1) of the Road Traffic Act on two occasions on July 22, 2013.

On September 12, 2016, the Defendant was under the influence of alcohol content of 0.073% in blood without obtaining a driver’s license for a motor vehicle, and was driving BM5 motor vehicle from the road front of a large restaurant parking lot located in the Gyeong-gun, Gyeong-gun, Gyeong-gun to the front road of the safe village hall located in the same military area.

2. A person who violates the Guarantee of Automobile Damage Compensation Act is prohibited from operating a motor vehicle on a road which was not mandatory insurance policy, but the Defendant operated the motor vehicle as stipulated in paragraph 1, which was not mandatory insurance around September 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Notification of the results of crackdown on the driving of alcohol, statement of the situation of the driver driving, inquiry into the results of crackdown on the driving of alcohol, ledger of driver's license, inquiry into the main office, inquiry into the attachment of any vehicle, and inquiry into the mandatory insurance;

1. A report on investigation (investigation of a suspected vehicle);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment of the same kind of case);

1. Driving under the relevant legal provision on criminal facts: Operation of a motor vehicle without a license under Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act: Subparagraph 1, Article 152 of the Road Traffic Act and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Insurance Act;

1.Article 40 of the Criminal Code of Trade and Trade.

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