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(영문) 대구지방법원 2017.08.24 2017고단3558
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a suspended sentence of ten months for a crime of violation of road traffic law at the Daegu District Court on September 25, 2008, and was sentenced to a suspended sentence of three years for a crime of violation of road traffic law. On April 21, 2016, the defendant was sentenced to a suspended sentence of two years for a crime of violation of road traffic law at the Daegu District Court on April 21, 2016 and was sentenced to a suspended sentence of two years for a period of ten months for a violation of road traffic law.

[Criminal facts]

1. No motor vehicle which is not covered by mandatory insurance provided for in the Guarantee of Road Traffic Act, the Guarantee of Automobile Compensation for Violation of the Road Traffic Act, and the Guarantee of Automobile Compensation for Violation of the Road Traffic Act, shall be operated on a road;

On April 3, 2017, the Defendant operated an E49c motor bicycle not covered by mandatory insurance without obtaining a motor device driver’s license from the front side of the Defendant’s residence in Daegu Dong-gu B, 309 Dong-gu, 205 to the front side of the “D Hospital” located in the same hydro-gu C at approximately 7km section from the front side of the Defendant’s residence to the front side of the “D Hospital” located in the same hydro-gu.

As a result, the defendant was punished as a crime of violating the Road Traffic Act (drinking) more than twice, but he operated a motor bicycle without mandatory insurance without a motor device bicycle driver's license.

2. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a bicycle with a motor device E 49c motor.

Defendant 1 operated the motor bicycle under the influence of alcohol level of 0.282% in front of the “D Hospital” in Daegu Suwon-gu, as indicated in paragraph 1 above, along the four-lanes from the four-lane side of Filial trees to the East-gu market.

In such cases, an accident is done in advance by safely driving a motor bicycle after checking the right and right of the front line and checking the safety of the course of the bicycle.

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