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(영문) 전주지방법원 2020.09.22 2020고단1697

도로교통법위반(음주운전)등

Text

The punishment of the accused shall be determined by two years of imprisonment.

Reasons

Punishment of the crime

[criminal power] On October 29, 2009, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Jeonju District Court's Gun mountain support on October 29, 2009, and on January 16, 2018, the Defendant was sentenced to a suspended sentence of KRW 10 million for the same crime, etc.

【Criminal Facts】

1. Around 17:50 on May 9, 2020, the Defendant driven a E body-ray car without a driver’s license, in a section of about 4km from the Jinjin-gu B lending parking lot in the Jeonjin-gu Seoul Special Metropolitan City to the D neighboring road in the same city-si C, with a blood alcohol concentration of about 0.202% from the 4km section without a driver’s license.

Accordingly, the Defendant was driving a motor vehicle in violation of the prohibition of driving under the influence of alcohol without a driver's license more than twice.

2. The owner of a motor vehicle violating the Guarantee of Automobile Accident Compensation Act is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance, but the defendant operated the motor vehicle as described in paragraph (1) without purchasing mandatory insurance at the time and place of paragraph (1);

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Investigation report on the actual condition of traffic accidents, notification of the results of the regulation of drinking driving, report on the circumstantial statements of drinking drivers, making inquiries into the vehicle, driver's license register, and mandatory insurance association;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, 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 concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).

1. Punishment;