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(영문) 수원지방법원 평택지원 2021.02.19 2020고단1490
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who was issued a summary order of KRW 2 million by the same court on October 18, 2013 at the Suwon District Court’s Suwon District Court to a fine of KRW 3 million for a crime of violating the Road Traffic Act (driving of Drinking), and on October 14, 2016 at the same court.

[Criminal facts]

1. On May 21, 2020, the Defendant was under the influence of alcohol leveling 0.138% from the 100-meter section of blood alcohol leveling from May 21, 202 to the road near Pyeongtaek-si, which was located near the 23-party administrative welfare center, where the 10-party 10-party 23 o-si, where the same o-party 23 o-party o-si, the Defendant driven a B body-man car under the influence of alcohol leveling 0.138% from the 100-party o-si to the o-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

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

Nevertheless, on May 21, 2020, the Defendant owned B, and operated the first-class car that was not covered by mandatory insurance even before Pyeongtaek-si and the front day of Plamen, on May 21, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Notification of the results of regulating drinking driving;

1. On-site photographs;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect drinking skills) statute;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of vehicles which are not mandatory insurance, the selection of imprisonment, etc.);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act to the extent that the punishment is more severe and the long-term punishment of two crimes above is added to the punishment specified for a violation of Road Traffic Act.

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