도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On June 24, 2010, the Defendant issued a summary order of KRW 700,000 to a fine for the violation of the Road Traffic Act at the Jeju District Court on two occasions in total.
【Criminal Facts】
1. Around 15:02 on January 17, 2020, the Defendant driven the EVL125cc 124cc cala while under the influence of alcohol leveling 0.031% from a section of about 300 meters from the parking lot of the building B in Gangnam-gun to the road of the front distance of the D secondary school located in C.
Accordingly, the Defendant violated the duty of prohibition of drinking driving more than twice.
2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of an error under paragraph (1).
No person shall operate any automobile which is not covered by the mandatory insurance.
Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place mentioned in Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and report on the control of drinking driving;
1. The credit bureau and the mandatory insurance association;
1. Criminal records: Application of inquiries, such as criminal records, and investigation reports, and statutes;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;