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(영문) 광주지방법원순천지원 2020.11.12 2020고단1124
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

On December 10, 2007, the Defendant was issued a summary order of KRW 1.5 million for a fine for violation of the Road Traffic Act, etc. in the Gwangju District Court's Netcheon Branch.

At around 18:00 on April 10, 2020, the Defendant driven a C motorcycle that was not covered by mandatory insurance in the state of alcohol with approximately 5km from the 5km section to the front road of the Defendant’s house located in the same Gun, from the 19m section of the Goung Public Bus Terminal, Goung-gun, Goung-gun, Goung-gun, Goung-gun, Goung-gun, Seoul, to the end of the house of the Defendant located in the same Gun.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, and operated a motorcycle that is not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

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

1. Mandatory insurance policies;

1. Previous records on a judgment made after checking the results of the control of drinking driving: Application of criminal records, repeated statements, and Acts and subordinate statutes of a summary order;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148 (1) and 44 (1) of the Road Traffic Act that choose a sentence, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the cases where he/she commits an error, etc.);

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on Suspension of Execution)

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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