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(영문) 창원지방법원 마산지원 2019.10.25 2019고단744
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 22, 2010, the Defendant was sentenced to imprisonment with prison labor for six months and two years of suspended execution at the Changwon District Court on January 22, 2010.

【Criminal Facts】

1. On August 4, 2019, at around 15:30 on August 15, 2019, the Defendant driven a DNA otob, without a motorcycle license, at a section of about 5km up to the bottom of an expressway bridge located as C in front of the dwelling area of the Defendant located in the Hanam-gun, Hanam-gun, and driving the above obb, without a motorcycle license, at approximately 0.076% of alcohol concentration at the section of about 200 meters above the above Highway up to the rear of the above Highway at around 18:25 on the same day, the Defendant driven the above ob, without a motorcycle license, under the influence of alcohol concentration of about 0.76%.

Accordingly, the defendant, in violation of Article 44 (1) of the Road Traffic Act, driven a motorcycle without a license for a motorcycle under the influence of alcohol more than twice.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of DNA Baba.

No owner of a motor vehicle shall operate any motor vehicle which is not covered by mandatory insurance.

Nevertheless, the Defendant, at around 15:30 on August 4, 2019, operated the above 00 km which was not covered by mandatory insurance at a section of about 5 km from the road located in front of the dwelling area of the Defendant in the Haan-gun, Haan-gun, Haan-gun, the Defendant, at around 15:30, operated the above 18:25 on the road under the above Hanan-gun-gun, where the insurance was not covered by mandatory insurance at a section of about 200 meters prior to the 200-meter.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared by the F, the ledger of driver's licenses, and mandatory insurance;

1. The circumstantial statement of an employee;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records, records of drunk driving, etc. of a suspect);

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning criminal facts;

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