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(영문) 청주지방법원 2020.08.18 2020고단906

도로교통법위반(음주운전)등

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Defendant shall be punished by imprisonment for a term of two years and four months.

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

Reasons

Punishment of the crime

On February 7, 2017, the Defendant issued a summary order of a fine of KRW 7 million at the Cheongju District Court for a violation of the Road Traffic Act (hereinafter referred to as the Cheongju District Court) on 4 times more.

1. On February 15, 2020, the Defendant, despite the aforementioned history of driving under the influence of alcohol, driven a D-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a DNA car.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, at around 23:03 on February 15, 2020, the Defendant operated D's vehicles without mandatory insurance at approximately 1 km from the Do in front of the cross-defluence in the Chungcheongbuk-do B to the roads front of the C'stury.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Registers of driver's licenses and mandatory insurance;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, subparagraph 1 of Article 152 and 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 Act on Guarantee of Automobile Accident Compensation;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. Although the occurrence of a heavy accident due to the drinking driving, etc. by the defendant under Article 62(1) of the Criminal Act, the result is not much severe, and an agreement has been reached between the victim and the victim.