logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.09.27 2019고단3241
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On August 30, 2013, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) issued a summary order of KRW 1 million by the Suwon District Court for a violation of the Road Traffic Act; on April 22, 2015, a fine of KRW 3.5 million was issued by the same court as the same crime; on May 23, 2019, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for the same crime.

On June 6, 2019, at around 22:50, the Defendant, without obtaining a driver’s license, driven a motor vehicle with Churged Aburg in the state of alcohol 0.170 percent of blood alcohol concentration from the insular area (hereinafter referred to as the “insular area”) to the front road of the same Gu.

As a result, the defendant, who has the power of violating the Road Traffic Act (driving) more than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, without purchasing mandatory insurance in the section stipulated in Paragraph 1 of the temporary border stipulated in Paragraph 1, operated a vehicle with C Ah-to-purd motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Mandatory insurance policies, and credit policies (C);

1. Records of ruling: Criminal history records, investigation reports (Attachment to previous records and court rulings, etc.), judgment, and application of Acts and subordinate statutes of summary order;

1. Relevant Act on criminal facts: Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.

arrow