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(영문) 대전지방법원 2021.03.18 2020고단5392
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal record] On October 16, 2020, the Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on the Aggravated Punishment, etc. of Specific Crimes, and the above judgment became final and conclusive on October 24, 2020.

[Criminal facts] No person shall operate an automobile which is not covered by mandatory insurance.

Nevertheless, on September 22, 2020, the Defendant, without a driver’s license, driven an Oral Ba, which was not covered by mandatory insurance from around about 2.4 km from the front of Daejeon Neongdong apartment to the front road located in the same Gu C from around 0.228% of alcohol level among blood transfusion around 16:05 to around 0.28%, and damaged the facilities managed by Daejeon Metropolitan City of the victim Daejeon, which was installed on the front road of the said apartment.

Summary of Evidence

1. Previous conviction on the defendant's legal statement of traffic accident report, the ledger of driver's licenses, the statement report of the driver's license, notification of the result of regulating drinking driving, and estimate: Application of a reply to inquiry, such as reporting of results of confirmation of his/her previous conviction, copy of the judgment, and criminal history;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense; Article 151 of the Road Traffic Act; Article 46(2)2, and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (the punishment on the crimes of violation of the said Act) which are more severe punishment, the selective punishment on the violation of the Road Traffic Act (driving without a license), the violation of the Guarantee of Automobile Compensation, the punishment on the violation of the said Act, and the selection of imprisonment without prison labor on the violation

1. To treat concurrent crimes;

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