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(영문) 대전지방법원 2020.10.22 2020고단3133
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 August 7, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the Daejeon District Court.

On June 19, 2020, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to fraud, etc. in the same court, and the above judgment became final and conclusive on June 27, 2020.

【Criminal Facts】

Around 21:50 on June 15, 2020, the Defendant, without a vehicle driver’s license, driven a motor bicycle with approximately 50 meters for EVA125 meters from the front day of the Geumsan-gun, Chungcheongnam-gun to D in the front day of the same military, while under the influence of alcohol by 0.169%.

Accordingly, the Defendant did not purchase a mandatory motor vehicle insurance and operated a motor vehicle without a driver’s license, and the prosecutor stated in the indictment that Article 44(1) of the Road Traffic Act “Article 43 of the Road Traffic Act was in violation of Article 43 twice” without a driver’s license. However, all of the charges stated in the indictment that Article 148-2(1) and Article 44(1) of the Road Traffic Act violated Article 44(1) of the Road Traffic Act twice in light of the fact

'I seem to be a clerical error in writing.

B violated 2 times.

Summary of Evidence

1. For previous records as stated in the Defendant’s legal statement, survey report on the actual condition of drinking driving, notification of the results of the control of drinking driving, report on the state of his/her driver, the ledger of driver’s license, and mandatory insurance: Criminal history records, inquiry report, confirmation report on the previous records and disposition results, summary order, report on the results of confirmation on the previous records and disposition, and application of statutes of the judgment;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, 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 (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (the crimes of driving without a license) shall be added.

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