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(영문) 대전지방법원 홍성지원 2020.06.24 2020고단184

도로교통법위반(음주운전)등

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 14, 2008, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act, and on December 8, 2008, the Seoul Southern District Court received a summary order of KRW 4 million as a fine for violation of the Road Traffic Act.

1. On March 2, 2020, the Defendant was driving a c gender car in a section of about 5km from the front side of the Defendant’s residence in Chungcheongnam-gun Hong-gun, Hongsung-gun to the long distance in the same military, without obtaining a driver’s license, while under the influence of alcohol concentration of 0.181%, while under the influence of alcohol concentration of 0.181%.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of the said gender and passenger car.

No motor vehicle owner shall operate a motor vehicle which is not covered by mandatory insurance.

The Defendant operated the said gender car without mandatory insurance in the foregoing date and section.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the situation of running a motor vehicle at home);

1. The driver's license ledger;

1. Mandatory insurance policies;

1. Previous convictions indicated in judgment: Application of criminal records, identical records, and each summary order attached thereto;

1. Relevant provisions of Article 148-2 (1), 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 same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for a violation of each Road Traffic Act at the time of marketing and the punishment heavier than that of a violation of the Road Traffic Act shall be imposed);

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. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;