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(영문) 청주지방법원 충주지원 2017.12.20 2017고단834
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On April 29, 2016, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of the Road Traffic Act (drinking driving), etc. on the support of the Chungcheong District Court of Chungcheongju, and on August 26, 2016, the Defendant was sentenced to a suspended sentence of KRW 2 years for six months due to a violation of the Road Traffic Act (drinking driving). On September 3, 2016, the judgment became final and conclusive on September 3, 2016, and was sentenced to a summary order of KRW 300,000 to a fine for a violation of the Road Traffic Act (dacting driving) at the same court on October 14, 2016.

[Criminal facts]

1. On October 12, 2017, the Defendant was driving a motor device bicycle on the part of 16:25 on the road traffic law violation (driving without a license) and the violation of the Road Traffic Act (driving without a license) with a driver’s license on the part of 16:25 on October 12, 2017, the Defendant, while under the influence of alcohol at 0.116% of the alcohol level during blood, a training-based 2, Yeonsu-gu, Yeonsu-gu, Yeonsu-si, training-si, an apartment 2, an apartment 206, and the front of the “Sicck” located in the same Dong from the ground parking lot located in the front of the 206-dong-dong-dong-dong-dong-dong-dong,

2. No person who violates the Automobile Compensation Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant, at the time, and at the place mentioned in paragraph 1 above, operated the Unregistered Roster 125cc. 124cc.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Relevant photographs;

1. The table of the specifications 125;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of criminal history and attachment of judgment attached to the same type of crime);

1. Article 148-2 subparag. 1, Article 44 subparag. 1 (D. Driving) of the Road Traffic Act concerning facts constituting an offense, Article 154 subparag. 2, and Article 43 (U.S. Driving without License) of the Road Traffic Act, Article 46 subparag. 2, and the main sentence of Article 8 (U.S. Non- mandatory insurance) of the Guarantee of Automobile Compensation.

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