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(영문) 청주지방법원 2019.08.20 2019고단994
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to 6 months of imprisonment with prison labor, 2 years of suspended execution, and 60,000 won by the Cheongju District Court on March 26, 2019, and the suspended execution period becomes final and conclusive on April 3, 2019.

【Criminal Facts】

1. On April 26, 201, at around 05:01, the Defendant driven a DNA car without obtaining a driver’s license with a blood alcohol concentration of about 0.145% in a section of about 1km from the road front of the mutually incomponed main points in the petition district B, Cheongju-si, to the front road of the petition district C. Cheongju-si, the Defendant driven a DNA car without obtaining a driving license.

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 DNA car that was not covered by mandatory insurance at the same time, place, such as the foregoing Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), control records, mandatory insurance bureau, and register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification during the period of suspension of execution of punishment), and application of Acts and subordinate statutes governing summary orders;

1. Article 148-2 (2) 2, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

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

1. Imprisonment with prison labor for choice of punishment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders was that the Defendant committed the instant crime at the time when he was not well aware of the fact that he had been punished by a fine for the same kind of force on January 11, 2019.

Defendant’s law.

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