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(영문) 창원지방법원 2018.04.18 2017고단3838
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 26, 2015, the Defendant was sentenced to a summary order of a fine of five million won for a violation of the Road Traffic Act, etc. at the Changwon District Court, and on July 12, 2016, the Defendant was sentenced to imprisonment for six months and a suspended sentence of two years for a violation of the Road Traffic Act.

1. On September 25, 2017, the Defendant, without obtaining a bicycle driver’s license for a motor motor device at around 07:00, operated a cruise 125CC cruise, which was not covered by mandatory insurance at approximately 60 meters section from the central human resources in front of the Korean human resources in the Jindong-si Kimhae-si to the front direction in the same Eup (Gu).

2. On September 26, 2017, the Defendant, without obtaining a bicycle driver’s license for a motor engine at around 10:45, driven the above stoba that was not covered by mandatory insurance at approximately 100 meters away from the front day of the mutual and French mobile phone agent located in the Jindong-si Kim Young-si to the front day of the military police box located in the same Eup/Myeon, while under the influence of 0.162% alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident, field map and field photograph, CCTV images taken for crime prevention at the scene of the accident, inspection report on actual condition of drinking control, notification on the results of drinking driving control, statement report on the situation of the driver in charge, investigation report on the driver in charge, ledger of driver's license, and inquiry into the mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry about criminal history, investigation report (Attachment to the same type of force);

1. Article 148-2(1)1, Article 44(1)2, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46(2)2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (a point of operating a non-mandatory motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act due to a driving of alcohol and a violation of the Road Traffic Act due to a driving without a license);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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