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(영문) 창원지방법원 거창지원 2016.12.28 2016고단449
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

【Criminal Power】 On November 28, 2008, the Defendant was notified of a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) in the Changwon District Court's Changwon District Court's branch on November 23, 2008; on December 24, 2010, the Defendant was notified of a summary order of a fine of one million won due to a violation of the Road Traffic Act (driving). On September 17, 2014, the same court was sentenced to imprisonment of four months and two years of suspension of execution; on June 15, 2016, the Defendant was sentenced to imprisonment of eight months and one year of suspension of execution on June 23, 2016, and was punished for a drunk or non-licensed driving.

【Criminal Records】

1. On October 2, 2016, at around 19:45, the Defendant driven a 50cc Obane without registration under the influence of 0.122% of the blood alcohol concentration without a motorcycle driver’s license in the section of approximately 8km, where the Defendant was under the influence of alcohol with 0.122% of the blood alcohol concentration in front of the ambalter in front of the ambalter in front of the ambalter located on the west-west side of the Yancheon-gun-gun, Gohap-gun.

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 50cc oba when and at the time and place specified in Paragraph 1 above, which was not subscribed to mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Notification of detection of any violator of the Motor Vehicle Management Act (unreported driving);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes;

1. Relevant provisions concerning facts constituting an offense;

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