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(영문) 광주지방법원 2020.01.09 2019고단4394

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[criminal power] On September 16, 2008, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Gwangju District Court on September 16, 2008 and a fine of KRW 3 million for the same crime at the same court on May 17, 2016.

【Criminal Facts】

1. Around 00:20 on September 8, 2019, the Defendant, while under the influence of alcohol at least 00:20% of the blood alcohol concentration, driven a fco-on vehicle from the road front of the C cafeteria located in B to the front of the E cafeteria located in D in the Jeju City without a driver’s license.

2. The Defendant, in violation of the Guarantee of Automobile Accident Compensation Act, is the owner of a cargo-to-know.

Despite the fact that a motor vehicle not covered by mandatory insurance is prohibited from being operated on the road, the defendant operated the foregoing Franco vehicle that is not covered by mandatory insurance at the time and place specified in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving of a motor vehicle without a license"), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the facts constituting an offense;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the nature and risk of each of the crimes of this case, the background and the degree of the crime, the family relationship, health condition, the possibility of recidivism, etc. of the defendant.