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(영문) 춘천지방법원영월지원 2020.09.22 2020고단273
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On October 30, 2013, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act in the Youngcheon District Court’s Young-gu branch on October 30, 2013.

【Criminal Facts】

1. Around 21:00 on March 3, 2020, the Defendant driven a C-coo vehicle under the influence of alcohol content of about 0.221% without obtaining a driver’s license from the public parking lot located in Young-gu, Young-gu, Young-gu, Young-gu, Young-gu to B, Young-gu, Young-gu, Seoul, to approximately 1.7 km.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated the vehicle without obtaining a driver's license.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of C&E automobile.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the Defendant operated an automobile without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a traffic accident report, on-site photographs, reports on the results of the control of drinking driving, report on the circumstantial statement of a drinking driver, consent to and confirmation of blood collection, driver's license register, vehicle inquiry, mandatory insurance association, disqualified inquiry of the main office, on-site photographs, and circulars;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

1. Relevant provisions of Article 148-2 (1) and 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 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

1. Selection of each sentence of imprisonment;

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