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(영문) 인천지방법원 부천지원 2017.10.20 2017고단1974
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

【The Defendant received a summary order of KRW 700,000 from the Incheon District Court on May 8, 2009 to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (drinking). On September 20, 201, the Incheon District Court received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking) from the Incheon District Court on September 20, 201. On May 20, 201, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking) from the Incheon District Court’s Busan District Court’

[Criminal Facts]

1. On June 7, 2017, the Defendant operated a motor bicycle for “non-motor vehicle 2” which was not registered under the influence of alcohol content of 0.096% in the blood, without obtaining a motor device bicycle driver’s license, from the front of a restaurant in the 3-km-si, Seocheon-si, Seocheon-si, Seoul Special Metropolitan City, to approximately 549 in the 3km-si, Seocheon-si.

As a result, the Defendant violated the prohibition of drinking without obtaining a motor device bicycle license at least twice, and drives a motor vehicle under the influence of alcohol again.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) as the owner of the unregistered “Berner 2”, the Defendant operated the said Oba, which was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Investigation report (to hear statements by telephone and report);

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history as the suspect);

1. Articles 148-2(1)1, 44(1)2 and 43 of the Road Traffic Act concerning facts constituting an offense, and Articles 148-2(1)1 and 44(1) of the same Act, Article 154 Subparag. 2 and 43 of the Road Traffic Act (unlicensed driving), Article 46(2)2 of the Guarantee of Automobile Compensation, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not mandatory insurance).

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