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(영문) 창원지방법원 마산지원 2018.03.07 2018고단129
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On September 17, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (drinking driving), and a summary order of a fine of four million won for the same crime at the Seoul Eastern District Court on October 24, 2014, respectively. On May 25, 2017, the Defendant was sentenced to a suspended sentence of ten years for a violation of the Road Traffic Act (drinking of drinking), and on June 2, 2017, the Defendant was sentenced to a suspended sentence of ten years for a violation of the Road Traffic Act (drinking of drinking) at the Busan East District Court’s Dong Branch, and the probation period is still the period of suspended execution.

1. Although the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (Dless Driving) had twice the history of being punished for driving under the influence of alcohol as above, the Defendant driven a C-A-A-car car without the driver’s license of a vehicle with a maximum amount of 54 km from the 35-7 North Korea, Haak-gun, Haak-gun, Hagwon-gun, Hagwon-gun, Hagwon-si, Hagwon-si, Hagwon-si, Hagwon-si, Hagwon-si, Hagwon-gun, 100:0 on October 31, 2017, while under the influence of alcohol at 0.139% of alcohol during the influence of alcohol on October 31, 2017.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle without a driver’s license under the influence of alcohol.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated a car with the above AD which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of control police officers;

1. Statement of the circumstances of the driver who is in charge of driving and inquiry of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

1. Article 148-2(1)1, Article 44(1) of the Road Traffic Act (the point of drinking), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Article 46(2)2 of the Guarantee of Automobile Compensation.

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