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(영문) 수원지방법원평택지원 2020.10.08 2020고단1394
도로교통법위반(음주운전)등
Text

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

except that the above sentence shall be executed for a period of two years and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 19, 2006, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Jeonju District Court on April 2, 2009. On September 25, 2009, the Defendant was sentenced to a fine of KRW 2 million for the same crime at the Gwangju District Court on April 2, 2009. On September 25, 2009, the same court issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. The defendant is a person who is engaged in driving a vehicle B in the field of SPP.

On May 25, 2020, the Defendant driven the said car under the influence of alcohol 0.059% in a section of about 500 meters from the “D” parking lot located in Ansan-si, to the front road of put to place place to put in place, and put in place, in the same time.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which has not bought mandatory insurance;

Nevertheless, the Defendant operated the B SP car without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the crackdown on drinking driving, inquiry into information not covered by mandatory insurance, and inquiries into each mandatory insurance policy;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to suspect's drinking-driving criminal records, and outputs of judgment;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of violation on at least two occasions the regulations prohibiting drinking), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

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:

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