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(영문) 대전지방법원공주지원 2020.11.17 2019고단291
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 17, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the official capital support of the Daejeon District Court.

【Criminal Facts】

1. On July 10, 2019, at around 13:51, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) driving a vehicle with approximately 20km in the section of about 0.188% alcohol and without obtaining a driver’s license for driving a vehicle with approximately 140cc VL150 wheeled vehicles from the front of the Defendant’s residence in the Gongju-si B to the mistake of misunderstanding in the case of an official city.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

2. No owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall drive any automobile unless he/she purchases mandatory insurance;

Nevertheless, the Defendant operated a two-wheeled vehicle with C 140cc VIL150 without mandatory insurance at the date and place mentioned in the foregoing Paragraph 1.

Around 16:20 on January 28, 2020, the Defendant stated a section of about 6 km from D in the front road to E in the front road of the same City on the bill of indictment for the DaVL150c 140c-picker vehicle without obtaining a driver’s license. However, this is obvious that it is a clerical error in the 140c-picker vehicle, and thus, it is recognizable ex officio. The Defendant driven a vehicle with the 140c-picker vehicle.

Summary of Evidence

"2019 Highest 291"

1. Defendant’s legal statement, traffic accident report (1,2, survey report on actual condition), enforcement manual, statement on the status of his/her driver, investigation report (report on the status of his/her driver), the register of driver’s licenses for his/her motor vehicles, and photographs related to the mandatory insurance;

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (verification of the same kind of power), the report on the occurrence of traffic accidents by the defendant's statutory statements, the report on the occurrence of traffic accidents by the defendant, the inquiry into the occurrence of traffic accidents, and the application of Acts and subordinate statutes of one CD of the driver'

1. Article 148-2 (1) and (2) of the Road Traffic Act applicable to the crimes;

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