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(영문) 춘천지방법원영월지원 2020.12.08 2020고단424

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

[criminal power] On October 17, 201, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Changwon District Court’s Mapo Branch on October 17, 201, and on December 29, 201, the Defendant was issued a summary order of KRW 3 million as a fine for the same crime in the same court.

On January 30, 2019, the Defendant was sentenced to eight months of imprisonment with prison labor for embezzlement, etc. at the Changwon District Court M&D branch on February 8, 2019 and the judgment became final and conclusive on February 8, 2019.

【Criminal Facts】

1. Around 23:55 on November 21, 2017, the Defendant driven a Fpoter cargo under the influence of alcohol content of about 0.075% without obtaining a driver’s license in a section of about 500 meters from the front side of the road located in the Chang-si, Changwon-si, Changwon-si, Seoul, to the front side of the road located in the same Gu, and without obtaining a driver’s license.

As a result, the defendant had already been punished for drinking driving more than twice, but he again carried out drinking driving and driving without a license.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of F Potering Motor Vehicle.

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

Nevertheless, the Defendant operated the automobile without being covered by the automobile mandatory insurance at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Reports on the occurrence of a traffic accident, reports on traffic accident, reports on the detection of a drinking driver, reports on the circumstantial statements of a drinking driver, reports on the site and accident-related photographs and the register of driver's licenses

1. Previous records of judgment: Criminal records, inquiry reports, summary order, application of Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts: Article 148-2(1)1, and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 Subparag. 1, and Article 43 of the Road Traffic Act; Article 152 of the Road Traffic Act; and Article 43 of the Motor Vehicle Accident Compensation Act.