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(영문) 대구지방법원상주지원 2020.11.04 2020고단237
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal power] On March 7, 2013, the Defendant was sentenced to a summary order of KRW 4.5 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court’s support on March 7, 2013. On August 7, 2015, the same court was sentenced to a fine of KRW 6 million due to a violation of the Road Traffic Act (recrimination) and on April 27, 2018, the same court was sentenced to a suspended sentence of two years for eight months due to a violation of the Road Traffic Act (recination). On August 24, 2018, the same court was released on August 14, 2019 from a prison for special injury, etc., and the period of parole on August 22, 2019.

【Criminal Facts】

1. On June 26, 2020, the Defendant driven D WINDD 100cc Oral Seab, while under the influence of alcohol by about 0.132% from the section of approximately 3km from the 3km to the front road of the Gyeongcheon-gun, Gyeongcheon-gun without a motorcycle driver’s license, around 16:47, the Defendant driven DWINY 100cc Oral Seab.

As a result, the Defendant violated Article 44 (1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice, and at the same time, he/she was driving without a license.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant was driving the said DWINDY 100cc Austria which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the results of crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of the same criminal records and period of repeated crimes);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of violation at least twice the regulations prohibiting driving under the influence of alcohol), and the Road Traffic Act.

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