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(영문) 서울중앙지방법원 2020.05.08 2020고단2125
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 07:10 on February 1, 2020, the Defendant driven a fMW 520d vehicle without obtaining a driver’s license in the section of approximately 900 meters of blood alcohol concentration from the front of the C clubs in Gangnam-gu Seoul, Seoul to the distance of D E Hospital history.

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 driven the said automobile which was not covered by mandatory insurance at the same time and place as in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Notification of a survey report on actual condition, an accident site photograph, and the control results of drinking driving;

1. Inquiries into mandatory insurance, inquiry into information on non-insurance operations, and the register of driver's licenses;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of Article 148-2 (3) 3, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences: Imprisonment for one month to one year and six months;

2. Determination of sentence: The defendant for six months of imprisonment, one year of suspended sentence, and one year of suspended sentence, around June 2019 and around October 2019, is punished or expected to be punished for committing a crime of driving without a license or mandatory insurance, but the defendant committed the same type of crime as this case, and driving under the influence of alcohol, etc. is disadvantageous to the defendant.

On the other hand, the defendant.

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