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(영문) 광주지방법원 순천지원 2020.05.08 2019고단2922
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

1. Around September 28, 2019, the Defendant was driving a DNA motor vehicle while under the influence of alcohol concentration of 0.222% on the front road located in Gwangju Seo-gu, Seo-gu, Gwangju at around 23:57.

2. No owner of a motor vehicle violating the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the car on the road without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and each choice of imprisonment with prison labor;

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that the person causes a traffic accident while driving a motor vehicle in full condition, the operation of a motor vehicle without mandatory insurance after November 25, 2016, and the fact that the person received a summary order on two occasions due to a violation of the Guarantee of Automobile Accident Compensation Act is disadvantageous, or there is no other criminal record except for a fine of the past four times, and the previous criminal record of a drunk driving is one time at around 203, etc.);

1. Part concerning rejection of prosecution under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Around September 28, 2019, the Defendant: (a) committed assault by drinking the victim’s face, hair, etc. on the ground that the victim G and 32 years of age (at around 23:00, 2019) came to be a hedging; (b) around September 28, 2019, the Defendant committed assault.

2. This part of the facts charged is an offense falling under Article 260(1) of the Criminal Act.

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