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(영문) 수원지방법원 여주지원 2015.12.04 2015고단938
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

[criminal power] On May 28, 2010, the Defendant was issued a summary order of KRW 5 million for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act in the branch court of Suwon District Court on May 28, 2010. On July 2, 2015, the same court issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act.

【Criminal Facts】

1. On October 4, 2015, the Defendant: (a) at around 17:55, 2015, driven a B wing-off truck without obtaining a driver’s license in the state of alcohol alcohol concentration of about 2km from the front to the front of the road at the same time from about 0.163% from the front of the road at the same time.

Accordingly, the defendant, even though he violated the prohibition of drinking driving more than twice, was driving again, while driving without a license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, even though he was prohibited from operating a motor vehicle on a road which was not covered by mandatory insurance, operated the B-wing freight vehicle without mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actions taken against the driver, and the report on the status of the driver's license and the statement of the situation;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of suspect driving records);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (the crimes of unlicensed driving) shall be more severe;

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