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(영문) 전주지방법원 2020.11.04 2019고단2211
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 3, 2014, the Defendant has been issued a summary order of KRW 2 million due to the violation of the Road Traffic Act and the violation of the Guarantee of Automobile Accident Compensation Act in the Jeonju District Court’s military mountain support.

Nevertheless, on November 5, 2019, at around 20:15, the Defendant driven a 125c-registered plane while under the influence of alcohol with 0.14% alcohol level 0.14%, without obtaining a driver’s license to drive a motorcycle at the section of about 200 meters, from the vicinity of the “terminal” located in Man-si, Kim Jong-si, to the front day of the “sular police box” located in the same Eup, 53 meters within the same Eup.

As a result, the defendant violated the Article 44 (1) of the Road Traffic Act more than twice and simultaneously drives a motorcycle without a driver's license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated 125cc unregistered diapers without mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. On-site reports (No. 21 times in order), reports on the results of the control of drunk driving, reports on the situation of a drunk driver, the driver's license register, and previous records indicated in the judgment that any person who has not reported the use of a two-wheeled vehicle has not been reported: Application of Acts and subordinate statutes

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 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 concerning criminal facts;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The records of the judgment of the defendant with the same reasons for sentencing under Article 62 (1) of the Criminal Act.

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