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(영문) 수원지방법원 2012.12.28 2012고합220
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On August 31, 2007, the defendant was sentenced to a fine of 4 million won due to a violation of the Road Traffic Act (driving) or a fine of 5 million won due to a violation of the Road Traffic Act (driving) in this court on August 27, 2010, and the court was sentenced to a summary order of 5 million won due to a violation of the Road Traffic Act (driving), and on March 2, 2011, on March 2, 201, the court was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) and is still under the grace period as of March 10, 2011.

1. The defendant is a person who is engaged in driving a motorcycle for the violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license);

On February 4, 2012, the Defendant, without obtaining a license for a motorcycle at around 20:50, driven the above motorcycle at the section of about 3 km from the front of the cross-defluence in the Suchip transfer vehicle at Suwon-si to the front of the “galk ginseng ginseng distance,” located in the same Dong-dong, under the influence of alcohol level of 0.181%.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate an automobile which is not covered by the mandatory insurance;

Nevertheless, the defendant operated the above motorcycle without mandatory insurance at the above date and place.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A written statement prepared in C;

1. A written opinion, a traffic accident inspection report, a traffic accident occurrence report, the ledger of driver's licenses, a driver's license, a statement on the state of the driver's licenses, a photograph, estimate, and an investigation report related to the case;

1. Previous records: The application of Acts and subordinate statutes to inquiry reports on criminal records, etc., report on the previous records of dispositions and results of confirmation, and investigation reports (attached to judgments, etc.);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (a point of drinking), subparagraph 2 of Article 154 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (a point of driving a motorcycle without obtaining a license), and motor vehicle accident compensation.

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