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(영문) 청주지방법원 2020.11.12 2020고단1163
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

On January 31, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act, on February 20, 2009, a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving), and on February 7, 2019, the same court issued a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving).

1. Around 22:00 on April 25, 2020, the Defendant driven a Cben E30-car while under the influence of alcohol level of 0.110% without obtaining a driver’s license at a section of about 20 meters adjacent to the petition-gu B hotel at blue-si.

As a result, the Defendant violated the “Prohibition of Driving under the influence of alcohol” at least twice.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act is a holder of Cenz E300 automobiles.

At the time of Cheongju, the Defendant driven the car e300 car, which was not covered by mandatory insurance, from approximately 20 meters away from the road adjacent to the petition-gu B hotel at the time of Cheongju as stated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Mandatory insurance on the ledger of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (report on attachment of the same type of power);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main text of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts (the point of operating a vehicle which is not mandatory insurance);

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 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act is the same as the defendant's decision.

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