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(영문) 광주지방법원 순천지원 2021.02.05 2020고단1939
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[200 Highest 1939] On July 9, 2018, the Defendant issued a summary order of a fine of one million won for a violation of road traffic law in the Gwangju District Court's net support on July 9, 2018, two times in total.

1. On July 22, 2020, the Defendant, at around 22:49, driven C A car while under the influence of alcohol concentration of 0.215% in blood at the front of the Bpentent road at the time of drinking.

2. The Defendant violated the Guarantee of Automobile Compensation for Damages, who owns a car with Ctea, operated the said car without mandatory insurance at the time and place specified in paragraph 1.

[200 Highest 2127] The Defendant, as the owner of D-wing and freight cars, left the said freight cars alone at the construction site located in E at the time of leisure from the due date to November 20, 2017 without justifiable grounds.

Summary of Evidence

[200 Highest 1939]

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is placed in driving, report of the mandatory insurance accident inquiry about the results of crackdown on drinking driving, previous records of judgment on the site evidence of the traffic accident: Defendant's statement in court (2020 highest 2127) and written summary order (20 highest 200 highest 2127);

1. Application of Acts and subordinate statutes to the details of compulsory cancellation of a vehicle left alone without permission of the original register of automobile registration, certificates of automobile scrapping, photographs, and registers of abandoned photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8 (the point of operating a vehicle by which a person who has not mandatory insurance is a policyholder) of the Guarantee of Automobile Accident Compensation, Articles 81 and 26 (1) 8 of the Automobile Management Act, and 26 (1) 3 of the Automobile Management Act (the point of leaving a vehicle unattended without permission), and each choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a history of criminal punishment on several occasions due to driving of drinking.

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