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(영문) 서울서부지방법원 2018.11.22 2017고단1240
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On June 9, 2015, the Defendant was sentenced to a summary order of KRW 7 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court on June 9, 2015, and on August 19, 2010, the Defendant was sentenced to imprisonment with prison labor for 4 months and one year of suspended execution.

The defendant is almost one of the holders of the 125CC selective motors, which was not covered by mandatory insurance.

1. On April 13, 2017, the Defendant: (a) without a motor engine bicycle license on April 13, 2017; and (b) without a motor device bicycle license on April 13, 2017, the Defendant driven the said motor device bicycle not covered by mandatory insurance at approximately 50 meters from the front side of Eunpyeong-gu Seoul Metropolitan Government to the front side of D in the same Gu C.

2. On April 17, 2017, the Defendant: (a) while under the influence of alcohol level 00:36% of the blood alcohol level on April 17, 2017, the Defendant driven the bicycle without a motor device license, without a motor device license; (b) from the frontway in Eunpyeong-gu Seoul Metropolitan Government to the frontway in the same Gu, the Defendant driven the said motor bicycle not covered by mandatory insurance at approximately 30 meters of the distance from the frontway in Eunpyeong-gu to the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement report on the circumstances of the driver employed at the State, arrest report on each occurrence of the case, a self-confiscing report on each offense, and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Article 148-2 (1) 1 of the Road Traffic Act);

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 8 of the Guarantee of Automobile Compensation Act (the point of operating a motor vehicle which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Punishment of a fine and a violation of the Road Traffic Act on April 13, 2017, concerning a violation of the traffic law (unlicensed driving) by a person on April 13, 2017;

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