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(영문) 전주지방법원 정읍지원 2020.04.14 2020고단107
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On November 23, 2006, the Defendant issued a summary order of KRW 6 million to a fine of KRW 1.5 million by a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (driving under the influence of sound) in the Jeonju District Court’s support on November 23, 2006 and by the same court on June 30, 2017.

On November 18, 2019, at around 15:59, the Defendant driven B-low-income cars under the influence of alcohol with a blood alcohol level of 0.159% without obtaining a driver's license from the area of approximately 200 meters from the irrigation bridge located in the area of Yongsan-gun located in the front-gun, Changcheon-gun to the 1st century located in the same area of Yongsan-do, the Defendant driven B-low-income cars without obtaining a driver's license.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, and simultaneously driving without obtaining a driver's license.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of Brane car.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the defendant operated a car without mandatory insurance at the same time and place as the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The register of automobiles:

1. Up to 17 copies of the history of purchasing compulsory insurance policies for Blanzers and vehicles, and of mandatory insurance policies;

1. On-site photographs;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Place where drinking alcohol is measured and output;

1. Details of 112 reported cases;

1. The ledger of driver's licenses;

1. Investigation report (related to the measurement);

1. Previous records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (attached to summary orders);

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts.

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