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(영문) 수원지방법원 여주지원 2017.08.16 2017고단766
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who has seven times all of the past records of violation of the Road Traffic Act and the past records of violation of the Road Traffic Act (non-licensed driving) including the issuance of a summary order of KRW 1.5 million as a fine on September 22, 2015 for a violation of the Road Traffic Act (drinking driving) in the leisure support of the Friwon Friwon, and a fine of KRW 3 million for a violation of the Road Traffic Act (dacting driving) on April 26, 2013.

[Criminal facts]

1. On April 29, 2017, the Defendant driven CK5 vehicle under the influence of alcohol concentration of 0.06% at a level of about 500 meters from the Abane parking lot located in the Abane-Eup, Leecheon-si, Leecheon-si, to the CK5 vehicle under the influence of alcohol concentration of 0.06%, without obtaining a driver’s license, from the Abane parking lot located in the Abane-Eup, Leecheon-si, Leecheon-si, Leecheon-si to the 17th Gyeongcheon-si, Seocheon-si, Seocheon-si.

As a result, the Defendant, even though he had the power of driving a motor vehicle under the influence of alcohol not less than twice, was driving a motor vehicle again while driving a motor vehicle without obtaining a driver's license.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a person who owns CK5 automobiles.

Defendant 1 operated a car with CK5 car that was not covered by mandatory insurance at the same time and at the same place.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Inquiry into each mandatory insurance;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of force of the same type of punishment as the suspect);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating a motor vehicle by which the mandatory insurance is not covered) concerning the facts constituting an offense;

1.Article 40 of the Criminal Code of Trade and Trade.

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