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(영문) 춘천지방법원 2018.08.22 2018고단539
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] The defendant was issued a summary order of KRW 4 million by the Chuncheon District Court on August 16, 2017 for a violation of the Road Traffic Act (driving), and the summary order of KRW 700,000 by the same court on December 6, 2006 for the same crime.

[Criminal facts]

1. On March 23, 2018, the Defendant driving a C-wing truck with alcohol level of about 0.165% while under the influence of alcohol level of 0.165%, without obtaining a driver’s license from the Do near the Dong-dong elementary school located in 17:25 March 23, 2018, in the direction of about 12km, from the Do near the 29-dong C-dong, Chuncheon City.

Accordingly, the defendant, who violated the prohibition of drinking under the Road Traffic Act not less than twice, was driving again.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is the owner of the above C-wing and freight truck.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant driven the cargo vehicle that is not covered by mandatory insurance at the time and place mentioned in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs after an accident, on-site photographs of the suspected vehicle, on-site photographs of the suspected vehicle, survey reports on the actual condition of the vehicle, violations of road traffic laws (unnecessary measures after an accident), arrest reports by the suspect, such as arrest reports by the vehicle owner, circumstantial reports by the vehicle driver, reports on the detection of the vehicle owner, the details of drinking measurement, the vehicle driver's license register (A), car inquiry, mandatory insurance, photograph of the CCTV images for nearby circuit-type crime prevention, and investigation reports (the application of the aforementioned dmark);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of suspect drinking skills);

1. Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning facts constituting an offense, Article 152 Subparag. 1 and 43 of the Road Traffic Act (the point of driving under influence of alcohol), Article 46(2)2 and Article 8 of the Guarantee of Automobile Compensation Act.

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