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(영문) 서울중앙지방법원 2019.09.06 2019고단3575

도로교통법위반(음주운전)등

Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 19, 2015, the Defendant was notified of a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Sungwon District Court's Sungnam branch on July 19, 2015, and a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Seoul Central District Court on July 30, 2008.

1. Around 23:26 May 2, 2019, the Defendant was under the influence of alcohol with a blood alcohol content of 0.063% 0,063%, driving a Cenz GLW220 vehicle at a section of about 1km to the front road of the road located in the Gangnam-gu Seoul Metropolitan Government Seo-gu, Seoul at approximately 1km to the front road of the same Gu.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated a passenger car which was not covered by mandatory insurance at the date, time, and place under the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Inspection results of the drinking driving control, and report on the circumstances of drinking drivers;

1. Application of the mandatory insurance policy and the Acts and subordinate statutes of the hostile bureau;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;