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(영문) 대전지방법원천안지원 2020.09.23 2020고단2037
도로교통법위반(음주운전)등
Text

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. On January 17, 2020, the Defendant received a summary order of KRW 10 million as a fine for a violation of the Road Traffic Act (refluence of measurement) from the Daejeon District Court's branch offices in the Daejeon District Court on January 17, 202.

At around 06:00 on May 20, 2020, the Defendant driven a D horse with alcohol level 0.154% under the influence of alcohol level 0.154%, without obtaining a driver’s license in a section of about 2km from 2k-si, Seo-gu, Seocheon-gu, Seocheon-gu to 2k-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu to the two stations.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

At around 06:00 on May 20, 2020, the Defendant operated a Doma-ri car that was not covered by mandatory insurance at approximately 2 km section from May 20, 2020 to the roads from the Gao-dong, Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, B CFK to the two k-dong stations.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);

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

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

1. Selection of each sentence of imprisonment;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant is punished by a fine for a violation of the Road Traffic Act, and the summary order is again issued at least four months after the date of the issuance of such order.

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