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(영문) 의정부지방법원 2018.11.21 2018고단3811
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 11, 2013, the Defendant was sentenced to a fine of five million won due to a crime of violating the Road Traffic Act (drinking), etc. by the District Court of the Republic of Korea on January 11, 2013, and on July 13, 2018, the same court received a summary order of five million won due to a crime of violating the Road Traffic Act (dacting).

1. On August 31, 2018, the Defendant violated the Road Traffic Act and Article 44(1) of the Road Traffic Act on two or more occasions, and driving a wing-off truck with alcohol content B while under the influence of alcohol of 0.141%, without obtaining a driver’s license, at approximately 100 meters from the front day of the Dong-gu Gam Eup in Pyeongtaek-gu, Gyeonggi-do to the front day of the 181 Sim-si in Eup/Myeon on August 31, 2018.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant, as the owner of the B-wing freight truck, operated the said freight truck which was not covered by mandatory insurance at the time and place such as the above Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving under the liquor:

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, report on investigation (the previous confirmation thereof), summary order, and application of the text of the judgment;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2 of the Guarantee of Automobile Compensation, and the main sentence of Article 8 (the point of operating an automobile with no mandatory insurance) concerning the facts constituting an offense;

1. Crimes provided for in Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (LA) and 40 (LA) of the Road Traffic Act and crimes of violation of the Road Traffic Act (LA) and crimes of violation of the Road Traffic Act (LA).

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