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(영문) 전주지방법원정읍지원 2020.12.24 2020고단540
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

[Criminal Power] On August 28, 2017, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Jeonju District Court’s branch court.

【Criminal Facts】

1. Around 20:50 on August 22, 2020, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) driving a vehicle in the Eland under the influence of alcohol concentration of 0.192%, without obtaining a driver’s license in a section of about 100 meters from the front of C in Go Chang-gun B to the front of Go Changwon-gun D.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) drive the said van, which was not covered by mandatory insurance, at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. On-site photographs;

1. A report on the actual state of the driver;

1. Investigation report (Report on the status of an employee);

1. Notification of the control of drinking driving;

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

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, 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 same Act concerning criminal facts;

1. Selection of a sentence as provided for in Articles 40 and 50 of the Criminal Act (the crimes of violation of the Road Traffic Act due to a drunk driving or without a license and the punishment prescribed for the crimes of violation of the Road Traffic Act due to a heavy drinking driving) and selection of a sentence of imprisonment for such sentence;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes within the scope of adding the long-term punishment for both crimes to the crimes of violation of the Road Traffic Act heavier than the punishment];

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

1. The defendant under Article 62-2 of the Criminal Act, Article 44-2 and subparagraph 2 of Article 2-3 of the Medical Treatment and Custody, etc. Act shall be addicted to alcohol;

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