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(영문) 광주지방법원 목포지원 2021.01.07 2020고단1069

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 9, 2020, the Defendant driven a motor device driver’s license without registration for a 4-wheeled agricultural use without obtaining a motor device driver’s license for about 0.219% in the section of about 5km from the distance of blood alcohol in front of the bus terminal in the Newan-gun, Seoul-gun, Seoul-gun, Seoul-do, to the end of the 5km-do to the “Cat-distance” road located in B of the same group.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated the said automobile without mandatory insurance at the time and place specified in paragraph (1) as the owner of the fourth-wheeled automobile, as indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report the occurrence of a traffic accident, on-site drug map, on-site survey report, on-site photo, report on the circumstances of the driver in charge of driving, report on the investigation (report on the situation of the driver in charge of driving), notification on the results of regulating the driving of drinking, register of driver's license, investigation report (investigation into the Non- mandatory insurance) and investigation report;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 48-2 subparag. 2, and the main sentence of Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of each sentence of imprisonment;

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. The reason for the sentencing of Article 62(1) of the Criminal Act Article 62(1) of the Act on the Suspension of Execution was that the driver was involved in an accident that he/she was not covered by mandatory insurance without a license, and the nature of the crime is not easy because the blood alcohol concentration level is very high.

Therefore, it shall be punished by imprisonment with prison labor, but it shall not be punished by a fine until now, and it shall be a drinking or non-licensed driving.