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(영문) 대전지방법원 2020.05.08 2019고단4582
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 18, 2018, the Defendant driven B K3 cars while under the influence of alcohol without a vehicle driver’s license at a section of approximately 500 meters, from the road near the commercial influent restaurant in the Sejong City Do Do Do Do Do Do Do dong to the road near the Sejong City Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act is the owner of BK3 automobiles.

No motor vehicle owner shall operate any motor vehicle on the road on which mandatory insurance is not subscribed.

Nevertheless, the Defendant operated the said K3 car without being covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Article 148-2 (2) 2, and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 of the Road Traffic Act; Article 43 of the Road Traffic Act; Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act; the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of each sentence of imprisonment, with prison labor, for the choice of the sentence (the continuous drinking and non-licensed crime is prevented);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act in cases where the defendant commits the crime in this case, and there is no record of punishment heavier

1. Probation and order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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