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(영문) 춘천지방법원 2020.01.14 2019고단571
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 22, 2010, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving without a license) or a violation of the Road Traffic Act (driving without a license) at the District Court of the Government on July 2, 2010; on September 12, 2014, the same court issued a summary order of KRW 4 million for the same crime, etc.; on November 9, 2018, the Defendant was sentenced to a suspended sentence of ten months for imprisonment with prison labor for the same crime, etc. and served two or more times for a drunk driving at the same court.

On May 18, 2019, at around 19:33, the Defendant driven a unregistered motor vehicle under the influence of alcohol concentration of 0.261% without obtaining a motorcycle driver’s license from the front parking lot B of Gyeonggi-gun, to the front parking lot C of Gyeonggi-gun, and without obtaining a motorcycle driver’s license from around 3km.

As a result, the defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle again without obtaining a driver's license.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of an unregistered motorcycle.

Despite the fact that a motor vehicle not covered by mandatory insurance is prohibited from operating on the road, the defendant operated the unregistered motor vehicle at the same date and time as paragraph (1) of Article 1, and at the same place as that of paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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

1. License register and investigation report;

1. Criminal records and the application of statutes governing judgment;

1. Article 148-2 (1) 1, Article 44 (1) (the point of running a motor vehicle without a license for a motorcycle), Article 154 subparagraph 2, and Article 43 of the relevant Act on the Guarantee of Automobile Accident Compensation (the point of operating a motor vehicle without a mandatory insurance) concerning criminal facts; Article 46 (2) 2, and the main sentence of Article 8 of the relevant Act on the Guarantee of Automobile Accident Compensation (the point of operating a motor vehicle without a license for a motor vehicle)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;

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