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(영문) 광주지방법원 2021.01.13 2020고단5490
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 8, 2020, the Defendant: (a) driven a 5N100 Obane without a motor driver’s license in the 2km section of approximately 0.086% alcohol alcohol level from the road located in Gwangju Dong-gu, Gwangju to the front of the crosswalk of the E University located in the same Gu-dong-gu, Gwangju; (b) around 00:24, Sep. 8, 2020, the Defendant driven a 5N100 Obane without a motor driver’s license under the influence of 0.086% alcohol level from the 2km section; (c)

As a result, the defendant transferred a motor device bicycle without obtaining a motor device bicycle driver's license, and violated the prohibition of drinking at the same time.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the above Oral Ba without purchasing mandatory insurance at the date, time, and place mentioned in paragraph 1.

Summary of Evidence

1. A written investigation into the actual state of the defendant's legal statement;

1. Statement of the circumstances of the driver involved in driving;

1. A written inquiry about mandatory insurance in the driver's license register, which is found as a result of regulating drinking driving;

1. Application of Acts and subordinate statutes concerning field photographs of traffic accidents;

1. Article 148-2 (3) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 46 (2) 8 of the Guarantee of Automobile Compensation Act (the point of operating a motor vehicle which is not mandatory insurance);

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence lies in the fact that the defendant had a record of being punished for drinking in 200 and 2006, and that an accident that is caused by driving a motor device bicycle not covered by mandatory insurance with a non-license occurs while driving a bicycle for the crosswalk.

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