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(영문) 대전지방법원 공주지원 2015.11.06 2015고단233
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power” On September 21, 2007, the Defendant was sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act at the Daejeon District Court on September 21, 2007, and sentenced to a fine of KRW 1.5 million for the same crime on November 12, 2010, and sentenced to a fine of KRW 2 million at the same court on June 27, 201 as the same crime. On May 21, 2014, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act.

【Criminal Facts】

1. Around 22:50 on June 5, 2015, the Defendant driven a DNA cargo vehicle without obtaining a driver’s license in a state of alcohol 0.139% of blood alcohol concentration from the 200-meter section from the front of the Gongju-si to the front of C at the Gongju-si.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated the freight truck, 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. E statements;

1. Control note, report on detection of drivers, and circumstantial statement of drivers;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. A traffic accident report, a traffic accident report (1, 2, a de facto investigation report), and a photograph at the scene of the accident;

1. Previous records of judgment: Criminal history records, inquiry reports, confirmation of criminal records, application of statutes governing judgment;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, 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;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (the crimes of unlicensed driving) shall be more severe;

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