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(영문) 수원지방법원 2020.01.23 2019고단2647

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2019 Highest 2647"

1. Around March 23, 2019, the Defendant driven a B-pubed vehicle with a distance of about 30 meters from the wife population at Chicago-si, 332-11, and at the wetlands park parking lot at the same time, under the influence of alcohol concentration of 0.094%.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a vehicle B-to-purd.

No person shall operate any automobile which is not covered by the mandatory insurance on a road.

Nevertheless, at around 13:51 on March 23, 2019, the Defendant operated the said vehicle not covered by mandatory insurance at a distance of about 10km from the old road in front of the old zone to the parking lot in the same Gu, from the old road in front of the old zone to the same Gu, and the wetlands park parking lot.

On December 1, 2019, the Defendant driven approximately 6km from the 21st 21st 21st 1st 2019 to the 3rd Dom of the same Gu Do Do Do Gam-dong, Gyeonggi-do Mamp-dong without obtaining a driver's license on December 1, 2019 to the front Do Do Gam-dong.

Summary of Evidence

"2019 Highest 2647"

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. The actual condition survey report;

1. Mandatory insurance policies;

1. "Notification and output of the results of the drinking driving control": "2019 Highest8281";

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (2) 3 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; Articles 152 subparagraph 1 and 43 of the Road Traffic Act; Articles 152 subparagraph 1 and 43 of the Road Traffic Act; Articles 148-2 (2) 3 and 44 of the same Act (Amended by Act No. 16037, Dec

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

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

1. The defendant, on the grounds of sentencing in Article 62-2 of the Probation Criminal Act, is under the influence of alcohol again even though he/she had a same criminal record.