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(영문) 수원지방법원 성남지원 2020.02.06 2019고단2462
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

[criminal power] On September 2, 201, the Defendant was issued a summary order of KRW 2.5 million by the Seoul East Eastern District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act (hereinafter referred to as the “Dangerous Driving”). On October 1, 2018, the Defendant issued a summary order of KRW 4 million by the violation of the Road Traffic Act (driving) at the Sungnam Branch Branch of the Suwon District Court.

【Criminal Facts】

1. Around August 20, 2019, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) driving on the Damar Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, operated without a license.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of a Dazy boom.

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

Nevertheless, the Defendant operated the foregoing cargo vehicle without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers, investigation report, driver's license register (A), mandatory insurance (D), investigation report (Listening to the suspect's telephone statement, etc.);

1. Photographs at the time of detection;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant law concerning criminal facts, Articles 148-2 (1) and 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 (the point of operation without mandatory insurance).

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