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(영문) 대전지방법원 2015.06.24 2015고단1387
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

The defendant, at the Daejeon District Court on June 28, 2002, sentenced to a suspended sentence of 10 months for the crimes of violation of the Road Traffic Act, and sentenced to a fine of 5 million won for the crimes of violation of the Road Traffic Act in the same court on March 24, 2004, 3 million won for the same court on May 27, 2008, 200 million won for the crimes of violation of the Road Traffic Act, 2 years of suspended sentence of 8 months for the same court on October 28, 2010, and 4 million won for the same court on November 22, 2010.

1. The Defendant violated the Road Traffic Act: (a) around 00:15 on April 28, 2015; (b) was under the influence of alcohol content of 0.197% without obtaining a driver’s license; (c) was driving B observer car from the front of a cafeteria in the middle-gu, Daejeon to the front of the modern apartment 26 Doo-ro 29, a 29-ro, from among the front of a cafeteria in the middle-gu, Daejeon.

As a result, the defendant violated the prohibition of drinking driving more than twice, and once again drives a motor vehicle without permission in violation of the above provision.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate an automobile not covered by mandatory insurance;

The Defendant driven the said observer car, which was not covered by liability insurance from February 15, 2014 to April 28, 2015, at the Daejeon War.

Accordingly, the defendant operated a motor vehicle that was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Traffic accident reports, reports on detection of drinking drivers, reports on the circumstantial statements of drinking drivers, the register of driver's licenses, the register of driver's licenses, and letters of mandatory insurance, respectively;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Articles 44 (1), 152 subparagraph 1, and 43 of the Road Traffic Act concerning criminal facts, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

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