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(영문) 대전지방법원 공주지원 2019.02.15 2019고단11

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On December 8, 201, the Defendant received a summary order of KRW 3 million from the Seoul Central District Court to a fine of KRW 1,000,000 due to a violation of the Road Traffic Act (driving) at the Seoul Central District Court on December 8, 201. On April 24, 2013, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Suwon District Court on April 24, 2013.

On October 13, 2018, at around 07:38, the Defendant driven a motor vehicle-free model 160cc in the 3km section of approximately 0.140% of blood alcohol level, without obtaining a driver’s license, from the front side of the Cheongyang-gun, Chungcheongnam-gun to the front side of the same ckm.

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

Nevertheless, the Defendant operated an unregistered business quota 160C Sicker, which was not covered by mandatory insurance at the time and place mentioned in Paragraph 1, at the time and place.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (the specifications with a private wheels);

1. Notification of the results of drinking control, and the register of driver's licenses;

1. The name of the ozone model and photograph thereof;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and summary orders;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. To select an order to attend a lecture in consideration of the fact that the person committed a second offense despite the power to punish the same kind of crime with multiple reasons for sentencing under Article 62-2 of the Criminal Act

However, the defendant's mistake is recognized and reflected.