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(영문) 대전지방법원 공주지원 2020.04.17 2020고단54

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act and the Road Traffic Act;

A. On February 4, 2020, the Defendant driven a F Poter under the influence of alcohol by 0.101% without obtaining a driver’s license on a section of about 100 meters from the road front of CKapet in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the front road of the E Union located in D, at around 23:15, the Defendant driven a F Poter under the influence of alcohol level of 0.10% without obtaining a driver’s license.

B. Around February 9, 2020, the Defendant was under the control of the violation of the Road Traffic Act, such as the preceding paragraph, around February 4, 2020.

On February 9, 2020, at around 20:13, the Defendant driven a Fpoter freight with a blood alcohol level of 0.093% under the influence of alcohol level of 0.093% without obtaining a driver’s license from the bus stops located in Cheongyang-gun G to the front road of the bus stops located in Yyangyang-gun, Chungcheongnam-gun, Cheongyang-gun, in the same area of 1km from the front road of the bus stops located in 239-11.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated F Poter cargo which was not covered by mandatory insurance on two occasions at the same time and at the same place as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the results of the control of drinking driving, and reports on the actual state of each drinking driver;

1. The register of driver's licenses, mandatory insurance, and 2.4. base date;

2.9.9. Standards) and metrology (Application of F legislation).

1. Relevant provisions of Article 148-2 (3) 2, Article 44 (1) of the Road Traffic Act (the point of drinking under influence on February 4, 2020), Articles 148-2 (1), 44 (1) of the Road Traffic Act (the point of drinking under influence on February 9, 2020), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving under influence on February 9, 200), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating under mandatory insurance) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade (hereinafter referred to as "Commercials").