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(영문) 전주지방법원 정읍지원 2018.07.17 2018고단107
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

[criminal history] On December 30, 201, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating road traffic laws at the Seoul Eastern District Court on December 30, 201. On April 15, 2016, the Defendant was sentenced to a suspended sentence of two years for six months for the same crime.

[2] On February 17, 2018, the Defendant was under the influence of alcohol leveling 0.059% without obtaining a motor device license from around 1km section to the front road of the Dong station located in Ri, and driving a three-wheeled electric vehicle with output output of 900W, which is not covered by mandatory insurance.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and without obtaining a motor device bicycle license under the influence of alcohol, he/she drives three-wheeled electric vehicles without being covered by mandatory insurance.

Summary of Evidence

1. Partial statement of the defendant;

1. A survey report on actual condition, a report on the detection of a driver engaged in driving, a report on the circumstantial situation of the driver engaged in driving, and a notification on the detection of a unregistered vehicle;

1. Data on the ledger of driver's licenses (No. 7 times a patrol);

1. Form of response;

1. Evidence and photographs of the traffic accident scene;

1. Previous convictions in judgment; application of a reply to inquiry, such as criminal history (A), and application of Acts and subordinate statutes of a report on investigation (suspect A previous convictions);

1. In full view of the following circumstances as to the criminal facts, Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act (non-licensed driving) of the same Act, Article 46 subparag. 2, and the main sentence of Article 8 (2) of the Guarantee of Automobile Compensation Act (non- mandatory insurance) / [the appearance, structure, number of passengers, rated power (0.9K), weight, loadage, etc. of electric vehicles with three-wheeled electric trains operated by the defendant, the foregoing electric vehicles are at least Article 2 subparag. 19 of the Guarantee of Automobile Compensation Act.

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