도로교통법위반(음주운전)등
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.
Punishment of the crime
[Criminal Power] On January 21, 2010, the Defendant was issued a summary order of KRW 700,000 as a fine for violation of the Road Traffic Act in the Gwangju District Court’s net support.
【Criminal Facts】
1. Around 21:00 on May 25, 2020, the Defendant driven a 50cc mixed-use vehicle without registration in the front of the C store located in Frack Water B without a driver’s license at the crosswalk in front of the C store in Frack Water Co., Ltd.
As a result, the Defendant driven a motorcycle without obtaining a driver's license to drive a motorcycle, and at the same time violated the prohibition of drunk driving more than twice.
2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of a mixed motor bicycle with 50cc which is not registered.
No motor vehicle owner shall operate any motor vehicle on the road on which no mandatory insurance has been subscribed.
Nevertheless, the defendant operated the above motorcycle which was not covered by mandatory insurance at the time and place specified in Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;
1. Registers of driver's licenses;
1. Mandatory insurance policies;
1. Detection site photographs;
1. Records before judgment: Criminal records, etc. and the application of one copy of a summary order;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Punishment for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Code among concurrent crimes.