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(영문) 전주지방법원정읍지원 2020.11.26 2020고단428
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is a person who drives B 100cc Oba.

1. On March 25, 2008, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) or a violation of the Road Traffic Act (driving without a license) at the District District Court of Jung-gu on March 25, 2008. On June 12, 2009, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for the same crime, etc. at the same court on June 12, 2009, and was sentenced to a suspended sentence of two years by the former District Court of Jeonju on June 16, 2015.

At around 18:50 on August 5, 2020, the Defendant driven the above obane on the road of approximately 200 meters away from D, which was in the former Northwest-gun C, under the influence of alcohol of about 0.186% without a motorcycle license, to the front of the same military E-village.

As a result, the Defendant violated the Road Traffic Act prohibition provisions at least twice, and at the same time, driven the above motorcycle without a license for a motorcycle.

2. The owner of an automobile violating the Guarantee of Automobile Accident Compensation Act shall not operate any vehicle on a road which has not been subscribed for mandatory insurance;

Nevertheless, the Defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A detailed statement on handling 112 reported cases;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. A report on internal investigation (at the same time of withdrawal, etc.);

1. Photographs of the skin vehicle;

1. A report on internal investigation (related to the specified time of the occurrence of an accident, the place of drinking, and the specified time for final drinking);

1. Report on internal investigation (related to judgment on the blood alcohol concentration at the time of the suspect's accident);

1. A report on investigation (e.g., background of acknowledgement of a violation of the Damage Act);

1. Previous convictions: Criminal records, investigation reports (verification of suspect's drinking and records of non-licensed driving), written judgments, and copies of summary orders; and

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