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(영문) 의정부지방법원 2020.11.25 2020고단4972
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2017, the Defendant was notified of a summary order of KRW 2 million by the District Court of Jung-gu on the grounds that the Defendant violated the Road Traffic Act, violated the Road Traffic Act, and violated the Guarantee of Automobile Accident Compensation Act.

1. Around 13:30 on August 13, 2020, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) driving CCA 1105 two-wheeled vehicles under the influence of alcohol at about 0.169%, without obtaining a driver’s license, from the Do in front of the Defendant’s residence in the Gu-si B of the Government-si to the front road located in 13 U.S. at the Gu-si of the Government-si, Songsan-dong Resident Center.

As a result, the defendant violated the prohibition clause on drunk driving more than twice, and at the same time, driving a two-wheeled automobile without obtaining a driver's license.

2. No owner of any 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 a two-wheeled automobile not covered by mandatory insurance at the same time and place as the preceding paragraph, CCA110V.

Summary of Evidence

1. The defendant's legal statement, survey report on the actual condition of his/her oral statement, report on the actual condition of his/her driver, investigation report, on the status of his/her driver, mandatory insurance association, such as field photographs, and the register of driver's licenses;

1. Application of Acts and subordinate statutes of one copy of the criminal record, reference report (A), investigation report (verification of the same kind of power), and summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, 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. Selection of a sentence of imprisonment with prison labor among the crimes of violation of Articles 40 and 50 of the Criminal Act ( between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without obtaining a license)

1. Article 37 of the Criminal Code among concurrent crimes.

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