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(영문) 대전지방법원천안지원 2020.08.21 2020고단910
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 7, 2017, the Defendant has been sentenced to a suspended sentence of two-year imprisonment for a violation of the Road Traffic Act or a violation of the Road Traffic Act (driving without a license) in the support of the Daejeon District Court of Daejeon on April 7, 2017.

On March 5, 2020, at around 18:10, the Defendant driven a motorcycle (124cc) not registered in approximately 1 km section from the front of the Dong-gu B market in Yannam-gu to the front of the same Gu Clla in the state of drunk alcohol concentration of 0.127% without obtaining a motorcycle driver's license.

As a result, the Defendant driven a motorcycle without obtaining a motorcycle driver's license, and at the same time violated the prohibition of drunk driving more than twice.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the two-wheeled automobile without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a statement on the occurrence of a traffic accident;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses and mandatory insurance policies;

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (verification of violation records of the Road Traffic Act);

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. 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 of the Criminal Act:

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