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(영문) 서울중앙지방법원 2020.10.14 2020고단3769
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.

However, the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 2007, the Defendant issued a summary order of KRW 2 million at the Seoul Central District Court on the grounds of a violation of the Road Traffic Act (driving). On July 9, 2008, the Defendant issued a summary order of KRW 700,000 by the same court on the grounds of a violation of the Road Traffic Act (driving). On April 19, 2018, the Defendant issued a summary order of KRW 5 million by the same court on the grounds of a violation of the Road Traffic Act (driving).

1. Around 02:30 on April 19, 2020, the Defendant driven a motor bicycle without a motorcycle driver’s license in a state of alcohol alcohol concentration of about 0.126% from the section of about 700 meters in the vicinity of the Defendant’s house located in Gwanak-gu in Seoul Special Metropolitan City to the same Gu’s road.

2. The Defendant violating the Guarantee of Automobile Accident Compensation Act is a motor bicycle owner DBS154.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, around 02:30 on April 19, 2020, the Defendant operated the above motorcycle that was not covered by mandatory insurance at approximately 700 meters from the Defendant’s house located in Gwanak-gu in Seoul Special Metropolitan City to the same Gu’s neighboring road.

Summary of Evidence

1. Defendant's legal statement;

1. Mandatory insurance in the ledger of driver's licenses notified as a result of the drinking driving control;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Acts concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act;

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a punishment for a violation of the Road Traffic Act or a violation of the Road Traffic Act shall be sentenced to imprisonment, and a fine for a violation of the Guarantee of Automobile Accident Compensation Act shall be sentenced to a fine;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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