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(영문) 전주지방법원남원지원 2020.11.10 2020고단229
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On April 22, 2011, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Southern District Court's Southern Branch, and on April 10, 2015, the Defendant was sentenced to a summary order of KRW 4 million for the same crime at the same court on April 10, 201, and on August 9, 2016, the same court was sentenced to a suspended sentence of KRW 8 months for a violation of the Road Traffic Act. On June 27, 2017, the same court was sentenced to a suspended sentence of KRW 4 months for a violation of the Road Traffic Act (unlicensed Driving) and the said judgment became final and conclusive on July 5, 2017, and the sentence of the said suspended sentence was paroled on April 30, 2018 and the period of June 26, 2018 of the execution of each of the said punishments expired.

【Criminal Facts】

1. On June 20, 2020, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) without obtaining a motorcycle driver’s license in the section of about 5 km from the south-si, Namwon-si to the front road in front of the mountain intersection 2-2 at the same time on the roads adjacent to the Namwon-si, Namwon-si, and without obtaining a motorcycle driver’s license in the section of about 5 km in front of the mountain intersection 2-2 at the same time, and driving without registration 50 cc under the influence of alcohol concentration of 0.19%

2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, but the defendant operated the motor vehicle as stated in paragraph (1) which is not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, accident site, and vehicle photograph;

1. Registers of driver's licenses;

1. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Previous records of judgment: Criminal history records, investigation reports (verification of suspect's drinking and history of driving without a license), related summary orders and six copies of written judgments, investigation reports (power of suspect's repeated crime), search in the Supreme Court (b) and application of Acts and subordinate statutes of the individual inquiry and prosecution;

1. Relevant Articles 148-2 (1) and 44 of the Road Traffic Act concerning criminal facts;

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