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(영문) 서울중앙지방법원 2017.11.01 2017고단5960
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 27, 2013, the Defendant was issued a summary order of KRW 200,000,000 by the Seoul Southern District Court due to a violation of the Road Traffic Act (drinking) at the Seoul Southern District Court, and on March 8, 2017, the Seoul Central District Court issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (drinking) at the Seoul Southern District Court.

On June 22, 2017, at around 23:40, the Defendant driven a non-registered motor bicycle under the influence of alcohol content of 0.08% in alcohol without obtaining a motor device license from about 16 meters from the 16th day of a road to the 16th day of the same Gu road.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act at least twice, operated a motor device under the influence of alcohol without obtaining a motor device bicycle license.

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 non-registered motor bicycle that is not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Investigation report (report on the situation of the driver in charge); and

1. The driver's license ledger;

1. Notification to a person who violates the Automobile Management Act;

1. Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation report on the record of the same crime) statute;

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

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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