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(영문) 수원지방법원 2020.06.11 2020고단1371

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for a term of one year and three months.

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] The Defendant is a person who had been sentenced to imprisonment for 8 months at the Suwon District Court on June 13, 2012 with prison labor for a violation of the Road Traffic Act (driving) and three times of criminal records of the same drinking driving, including a suspended sentence of 2 years.

【Criminal Facts】

1. On February 10, 2020, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) on the road near the center for older persons in the Gulsung City B at around 18:45, and without obtaining a driver’s license in a section of approximately 200 meters from the road near the center for older persons in the Gulsung City B to the Dow in the same city, and driving without registration in a state of under the influence of alcohol concentration of about 0.138%.

Accordingly, the defendant violated the prohibition of drinking driving twice, while driving a motor vehicle without obtaining a driver's license.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road where mandatory insurance is not subscribed;

Nevertheless, the Defendant driven the foregoing Bao, which was not covered by mandatory insurance, at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of a report on the actual state of a drinking driver, a survey report, and the control of drinking and driving;

1. The driver's license ledger;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (report on confirmation of criminal records of the same kind of driving under the influence of alcohol), written judgments, etc.;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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;

1. Probation Criminal Act;