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(영문) 대전지방법원 논산지원 2017.11.24 2016고단567
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[criminal history] On April 24, 2009, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of road traffic law in the Daejeon District Court’s support on April 24, 2009, and was sentenced to six months of imprisonment with prison labor for the same crime in the same court on April 16, 2013.

[1] On October 19, 2016, the Defendant: (a) operated a non-registered motor bicycle not covered by mandatory insurance at approximately 500 meters away from the 50-meter section from the 1326-5 Sinsi-ro 14:20, Seosan-si, 1326 Sinsan-si, to the studio electric road located in Seosan-si, Seosan-si, without obtaining a motor device license; and (b) operated a non-registered motor bicycle not covered by mandatory insurance in the state of alcohol concentration of 0.096%.

2. On March 15, 2017, the Defendant, “2017 Highest 276, the Defendant, without obtaining a license for a motor device bicycle at around 11:25, the Defendant driven Cmagma Mab, which was not covered by mandatory insurance at approximately 6 km from the front 6-8 Jin-ro, 1326, Seosan-si, Seosan-si, 1326, to the front road of Seosan-si, 1343 Kakaomama.

Summary of Evidence

"2016 Highest 567"

1. Statement by the defendant in court;

1. Report on the circumstances of the driver involved in driving or notification of the results of crackdown on drinking driving (Evidence No. 6, 7 pages of evidence);

1. Registers of driver's licenses (23 pages of evidence records);

1. Inquiry into mandatory insurance (41 pages of evidence records);

1. Investigation reports (Control Records) 2017 Highest 276;

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Compensation for Motor Vehicle Damages Act (a vehicle which has not mandatory insurance) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

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