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(영문) 인천지방법원부천지원 2020.09.11 2020고단2374
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On November 21, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Southern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Around 13:45 on June 5, 2020, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) driven a Category C-II cargo vehicle without a driver’s license without a vehicle while under the influence of alcohol with a level of about 0.083% of alcohol level from the front line of the driving distance of the original drive-dong in the Orcheon-si, Seocheon-si to the front line of the Seocheon-si, Seocheon-si to B. B.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice, and at the same time, operated a car without a driver's license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the foregoing cargo vehicle, which was not covered by mandatory insurance at the aforementioned date and place.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the circumstances of driving a drinking alcohol driving, report on the occurrence of a traffic accident, report on the actual condition of driving without a license, report on the occurrence of a traffic accident, report on the actual condition of driving a drinking-free photograph, report on the driver's license in the scene of an accident, register of driver's license in the scene of an accident, making inquiries into the vehicle, and report on the internal investigation of mandatory insurance (the receipt of the case, the circumstances of voluntary driving, etc., the statement and report on the circumstances of a drinking driver);

1. Previous convictions in judgment: Criminal records, investigation reports (previous and confirmation), and summary orders (Seoul Southern District Court Decision 2007 High Court Decision 28634) shall apply to the Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes [the crime of violation of the Road Traffic Act (the crime of running under the influence of alcohol and the Road Traffic Act)]

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