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(영문) 대전지방법원서산지원 2020.10.29 2020고단864
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

[criminal power] On September 20, 2007, the Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court, and on January 14, 2015, the same court issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Around 02:10 on May 27, 2020, the Defendant was driving a e-rocketing motor vehicle under the influence of alcohol content of about 0.161% without obtaining a driver’s license in a section of about 10 meters from the front of the parking lot C located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun to the front of the D Parking lot located in Chungcheongnam-gun, Chungcheongnam-gun.

As a result, the defendant violated the prohibition of drinking driving more than twice, and at the same time, driving a motor vehicle without obtaining a driver's 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 the Eunstuned Motor Vehicle not covered by mandatory insurance at the same time and at the same place as above.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the register of driver's licenses, and mandatory insurance;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type of power);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, 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;

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

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act.

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