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(영문) 대전지방법원 2020.09.17 2020고단1082
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On March 14, 2019, the Defendant was ordered to suspend indictment for a violation of the Road Traffic Act at the Daejeon District Prosecutors' Office.

[Criminal Facts]

1. Around 02:25 on January 30, 2020, the Defendant driven GTS125EO Traba with no number plate in the state of alcohol 0.121% at the 2km section from the front of the Daejeon Dong-gu B apartment to the front of the D located in the same Gu C from around 2km to the road in the same Gu.

2. A motor vehicle owner violating the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on a road which has not been covered by mandatory insurance, and the defendant is a holder of the same Oral Ba as described in paragraph (1).

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. To inquire about reports on the state of state of drinking drivers, and the results of the control of drinking driving;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of the fact of suspension of indictment on the same kind of electric power);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than twice), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 (the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating a motor device not covered by mandatory insurance) of the

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on probation;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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