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(영문) 대전지방법원 서산지원 2020.04.08 2019고단1164
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

around 00:20 on September 18, 2018, the Defendant driven a GTXG car not covered by mandatory insurance at approximately 2 km section of about 2km from the 2km parking lot to the Fow in the city of Jin-si and the adjacent road in the city of Jin-si without obtaining a driving license, from the 00:20 on September 18, 2018.

On February 11, 2009, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act from the Cheongju District Court Support on February 11, 2009, and issued a summary order of KRW 3,00,000 as a fine for the same crime from the Seosan Branch of the Daejeon District Court on May 8, 2015.

1. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a G Tart car.

At around 20:30 on October 5, 2019, the Defendant operated the said car without mandatory insurance at approximately 10 km section from the first singing room in H to the front road of the Budio J of the same city.

2. The Defendant violated the Road Traffic Act (driving) driving a G Twit-type car in such a state as 0.046% alcohol concentration at the time and place specified in paragraph (1).

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

[2018 Highest 1164]

1. Defendant's legal statement;

1. The police statement of K;

1. A traffic accident report, actual condition investigation report;

1. Registers of mandatory insurance associations and driver's licenses (2019 high-class 1341);

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Mandatory insurance policies;

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

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 152 (1) and 43 of the Road Traffic Act (the point of without a license) 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 shall be mandatory insurance.

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