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(영문) 전주지방법원 남원지원 2020.02.04 2019고단276
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On June 21, 2019, the defendant was sentenced to a summary order of KRW 1.5 million due to the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licenseed driving) in the support of the Southern District Court of the Jeonju on June 21, 2019, and three times the records of punishment for the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licenseed driving).

【Criminal Facts】

1. Around 14:40 on October 29, 2019, the Defendant driven a two-wheeled vehicle without a motorcycle driver’s license for a 50cc or a two-wheeled vehicle with a blood alcohol concentration of 0.184% in the section of about 5 meters in the south-si, Namwon-si (C) around 14:40 on October 29, 2019.

2. No person who violates 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 without registration, 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. A report on internal investigation and a report on internal investigation (in relation to an informant, attaching a field photograph);

1. Investigation reports and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Notification of detection of any violator of the Automobile Management Act;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification reports of the same kind of power) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and 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. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act and the punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;

1. Selection of each sentence of imprisonment;

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