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(영문) 창원지방법원 밀양지원 2016.05.12 2014고단519
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 14, 2011, the Defendant was sentenced to a fine of four million won due to a violation of road traffic law in the Changwon District Court's smuggling support on December 14, 201, and a person who was sentenced to a fine of five million won by the same court in the same court on December 18, 2012 due to a violation of road traffic law (drinking).

1. On November 21, 2014, the Defendant driven B 125C Meba under the influence of alcohol leveling 0.192% of alcohol level while under the influence of alcohol leveling 0.192%, without obtaining a bicycle license from the front side of the high-ro jun, Nam-gun, Nam-gun, Gyeong-gun, Seoul, to the front side of the lurgian village at the same Eup/Myeonndo.

As a result, the Defendant transferred a motor device bicycle without obtaining a motor device bicycle license, and violated the prohibition of driving in a liquor more than twice at the same time, and once again driven a motor vehicle while under the influence of alcohol in violation of the prohibition of driving in a liquor.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant operated 125cc Oral Ba which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes

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