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(영문) 대전지방법원 서산지원 2020.04.02 2020고단112

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to two years of imprisonment with prison labor for the crime of injury at the Daejeon District Court on November 7, 2018, and the judgment was finalized on April 10, 2019, and is currently under suspension of execution. On March 21, 2019, the Defendant was sentenced to a fine of two million won for the crime of injury in the Seosan Branch of the Daejeon District Court on March 21, 2019, and is still under suspension of the appellate trial.

【Criminal Facts】

1. On March 9, 2012, the Defendant was sentenced to a summary order of KRW 3 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on March 1, 2012; on October 12, 2012, the same court was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court on September 22, 2016; on October 10, 2017, a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court on September 22, 2016; and on October 10, 2017, a suspended sentence of imprisonment for six months was imposed for a violation of the Road Traffic Act (driving) at the Seosan Branch Branch of the Daejeon District Court on September 10, 2017.

On August 9, 2019, at around 16:37, the Defendant driven a motor bicycle without registration from around 750 meters from the front side of the J of the J of the J of the J to the front side of the K of the Sinjin-si, without obtaining a motorcycle driver's license, while under the influence of alcohol 0.152% of the blood alcohol concentration.

As a result, the Defendant violated the prohibition of drinking alcohol driving more than twice, and simultaneously drive a motorcycle without obtaining a motorcycle driver's license.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of a non-registered motor bicycle 50cc.

The Defendant operated the above motorcycle which was not covered by automobile mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Lritten statements;

1. Records of enforcement, reports on the results of the control of drinking driving, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports (verification during the period of criminal records of the same kind of suspect and suspension of execution);

1. Criminal facts;