logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 남원지원 2021.01.12 2020고단286
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On July 27, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating Road Traffic Act (drinking driving) in the support of the Southern District Court of the Jeonju on July 27, 2009.

[Criminal facts]

1. On August 24, 2020, the Defendant: (a) was under the influence of alcohol 0.056% in blood without a motor device, from the front of the Southern-si, Seoul Special Metropolitan City, to the front of the same city, at around 19:50 on August 24, 2020; (b) the Defendant driven 1 Km-bro in the state of under the influence of alcohol 0.056% in blood without a motor device.

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated Daba, which was not covered by mandatory insurance, on the road, as described in paragraph 1, at the time and place of the entry in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents and on-site photographs;

1. The driver's license ledger;

1. Notification of the results of regulating the driving of drinking alcohol and investigation report (report on the situation of the driver in charge);

1. Results of inquiries into mandatory insurance, as a result of the next inquiry;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (former records), copies of summary orders, and application of the Acts and subordinate statutes concerning summary information of the case;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (referred to as "driving without a license"), Article 154 subparagraph 2, Article 43 of the Road Traffic Act (referred to as "driving without a license"), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the punishment shall be imposed for the maximum term of two crimes above the punishment provided for a crime of violating the Road Traffic Act with heavier punishment.

arrow