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(영문) 수원지방법원 평택지원 2020.05.22 2019고단1920
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 2, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act at the Suwon District Court’s Pyeongtaek site, and on February 3, 2017, the same court sentenced six months of imprisonment with prison labor for a violation of the Road Traffic Act (free license) and completed the execution of the sentence on June 11, 2017.

1. On October 24, 2019, the Defendant driven a non-registered motor bicycle under the influence of alcohol with a blood alcohol concentration of 0.054% in an insular section from an insular place to the road in front of the Csansung Point located in the safe city B from an insular place to the road in the safe city.

As a result, the defendant violated the prohibition of drunk driving more than twice.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Unregistered Obiographic photo;

1. A written appraisal of blood alcohol;

1. A report on detection of a host driver;

1. Previous records of judgment: Criminal records, etc., an inquiry report (Attachment to a summary order, etc. of the same kind of power), an investigation report (verification, etc. of a suspect's repeated crime), and the application of statutes on accompanying materials;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of a sentence, and Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the operation of two-wheeled automobiles which are not mandatory insurance, and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated offenders (Article 35 of the Criminal Act has a criminal record of a violation of the Road Traffic Act at the time of marketing);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the former part of Article 38, Article 38 (1) 2 of the Criminal Act [the former part of Article 50 of the Criminal Act [the latter two crimes

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