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(영문) 청주지방법원 충주지원 2019.07.12 2019고단254
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who, around August 7, 2008, received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act from the Cheongju District Court's Cheongju Branch on the grounds of a violation of the Road Traffic Act (driving) and on December 20, 2010, issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court's Cheongju Branch on the grounds of a violation of the Road Traffic Act (driving).

On March 28, 2019, around 19:25, the Defendant driven a 49c c sc sc sc sc ju in the state of under the influence of alcohol 0.216% in the section of about 500 meters from the front of the Hoam-ray to the front road of the Hoamamba, as long as the Defendant was under the influence of alcohol at the same time.

2. Although the Defendant was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant driven a motor vehicle without registration owned by the principal, at the date and place specified in paragraph 1, 49cc. c.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the control of drinking driving;

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

1. B written statements and those related to traffic accidents;

1. An accident site photograph;

1. Criminal records: Criminal records, reply reports (A), investigation reports (reports on the confirmation of the same kind of power), and application of Acts and subordinate statutes governing summary orders;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); 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 (amended by Act No. 16037, Dec. 24, 201);

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

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act has been punished several times due to blood alcohol concentration and drinking driving.

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