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(영문) 대전지방법원 서산지원 2020.04.22 2020고단79

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

On December 8, 2017, the Defendant received a summary order of a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Seosan Branch of the Daejeon District Court on December 8, 2017, and the same other records have been added four times.

1. Around 14:40 on November 12, 2019, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driving the E Large CA 110cc Oral U.S. under the influence of alcohol by 0.122% without obtaining a motorcycle driver’s license from the front road of the Defendant’s residence in Seosan-si B to the front road in Seosan-si C, Seosan-si.

As a result, the defendant has violated the prohibition of drunk driving more than twice, and has driven a motorcycle without obtaining a license.

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 Elim CA110cc Oral Ba, which was not covered by mandatory insurance at the same time and place as above.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on the request for appraisal, and the report on the status of the driver;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type of power);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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. The criminal records of the defendant for the reasons of sentencing in Article 62(1) of the Criminal Code;