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(영문) 수원지방법원 여주지원 2018.12.14 2018고단950
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 7.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 12, 2016, around July 27, 2016, around July 28, 2016, and around July 28, 2016, the Defendant was discovered to have violated the Road Traffic Act (driving) under Article 44(1) of the Road Traffic Act, and was sentenced to imprisonment for a violation of the Road Traffic Act (driving) on March 31, 2017 at the Suwon Friwon, and completed the execution of the sentence on May 28, 2017.

1. On August 27, 2018, the Defendant, at around 21:05, driven the Defendant’s without a mandatory insurance without a motor device license for approximately 50 meters from the front side of the “C” in Gyeonggi Pyeong-gun B to the front side of the “E cafeteria” in D, and without a motor device license for approximately 50 meters, and without a mandatory insurance with a alcohol concentration of 0.085% during blood.

2. On September 4, 2018, the Defendant, on September 4, 2018, driven without a motor device license from approximately 3km section from the front of the Defendant’s residence in Gyeonggi-si F to the front of the “H Party” located in G in the same Gun, without obtaining a motor device license from around 11:05 to the front of the “H Party” located in G in the same Gun, and driven a lecop diabane owned by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation:

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

1. The driver's license ledger;

1. Voluntary accompanying report, such as a violation of the Traffic Act on Roads;

1. Report on the circumstances of driving without a license;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to investigation reports (a repeated crime of the same kind and confirmation of the record of the same crime);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

1. There is an interval between the crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes and the crimes of violation of the Road Traffic Act (drinking) on August 27, 2018 and the crimes of violation of the Road Traffic Act. Punishment is heavier.

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