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(영문) 창원지방법원 거창지원 2016.10.12 2016고단334
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

【Criminal Power】 On July 26, 2013, the Defendant was notified of a summary order of KRW 4 million for a crime of violation of the Road Traffic Act in the Changwon District Court’s branch on July 26, 2013. On October 25, 2013, the Defendant was notified of a summary order of KRW 5 million for the same crime at the same court on October 25, 2013. On April 20, 2016, the Defendant was sentenced to imprisonment for 6 months and 2 years of suspended execution for a crime of violation of the Road Traffic Act, and was sentenced to imprisonment for 6 months and 2 years of suspended execution for the same court on April 28, 2016.

【Criminal Facts】

1. On August 18, 2016, the Defendant driven a non-registered motor bicycle under the influence of alcohol of 0.258% without a motorcycle driver’s license in a section of approximately 200 meters, from the direction of the south-gun, Changnam-gun, the south-west Underground Village, the south-nam Underground Village, to the direction of the south-west Do road in the same Ri, and without a motorcycle driver’s license.

Accordingly, the defendant driving a motor bicycle under the influence of alcohol once or more times, even though he had a record of punishment, again, while under the influence of alcohol.

2. No owner of a motor vehicle violating the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road, which is not covered by mandatory insurance;

Nevertheless, the Defendant operated a motor vehicle owned by the Defendant who did not purchase mandatory insurance at the time and place mentioned in the above Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Making inquiries into the results of the regulation of drinking driving, reporting on detection of suspects of violation of the Road Traffic Act (driving, etc.), the register of driver's licenses for automobiles (A), and notification of detection of violation of the Automobile Management Act (driving without registration);

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, reply reports (A), investigation reports (former records and reports attached to judgments);

1. Relevant Article 148-2 (1) 1 and Article 44 of the Road Traffic Act concerning the facts constituting the crime;

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