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(영문) 광주지방법원장흥지원 2020.12.24 2020고단273
도로교통법위반(음주운전)등
Text

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

except that 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

[Criminal Power] On August 5, 2014, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Gwangju District Court’s support for the promotion of the head of Gwangju District Court.

【Criminal Facts】

At around 13:50 on September 6, 2020, the Defendant driven a motor bicycle of about 700 meters from the front of the dwelling area in Heungung-gun B to the front of the road in front of C, without obtaining a motorcycle driver's license, 50c KR motor bicycle not covered by any mandatory insurance without obtaining a motorcycle driver's license.

As a result, the Defendant violated the duty not to drive under the influence of alcohol more than twice, and at the same time, drive a motorcycle not covered by the mandatory insurance without obtaining a license for a motorcycle.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the control of drinking driving, the register of driver's licenses, and mandatory insurance;

1. Before ruling: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to the same attached records);

1. Relevant Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving of a motor vehicle without a license"), 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 concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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