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(영문) 수원지방법원 평택지원 2021.03.11 2020고단2883

도로교통법위반(음주운전)등

Text

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

However, the above sentence shall be executed between two and half years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On July 21, 2020, the Defendant was issued a summary order of KRW 6 million as a crime of violating the Road Traffic Act (refluence of alcohol measurement) at the Suwon Flag method Board.

[Criminal facts]

1. On November 10, 2020, the Defendant was driving BM6 automobiles under the influence of alcohol concentration of about 0.057% without the driver’s license in the section of about 1km from the front of the terminal where a death-free death in the inner and scarcity of 35 on November 10, 2020 to the front of the artificial wetlands in the same side.

As a result, the Defendant violated the prohibition regulations on drinking, etc. more than twice, and simultaneously driven without a driver's license.

2. While a person violating the Guarantee of Automobile Compensation Act operates a vehicle which is not covered by the mandatory automobile insurance, the Defendant operated a BM6 vehicle without mandatory automobile insurance at the same time and place as paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is placed in the driving, investigation report, notification on the results of regulating the driving of drinking, and inquiry into the driver's license register and mandatory insurance;

1. Previous convictions: Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, and to an investigation report (referring to aiding and abetting the suspect drinking and reporting on refusing to measure drinking

1. Articles 148-2 (1), 44 (1), and 44 (2) (the fact of violating the prohibition on drinking, etc. at least twice the regulations on drinking), Article 152 subparagraph 1, and Article 43 (the fact of driving without a license) of the relevant Act concerning criminal facts, Article 48-2 (1), Article 44 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the fact of operating an automobile which is not mandatory insurance);

1. Selection of imprisonment, respectively, with prison labor, for the selection of a sentence under Articles 40 and 50 of the Criminal Act ( between a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving));

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 of the Criminal Act: