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(영문) 대전지방법원논산지원 2020.11.24 2020고단472
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and two 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

1. On December 3, 2007, the Defendant received a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act at Ansan Branch of the Suwon District Court as a crime of violation of the Road Traffic Act in order to obtain a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act from the Gwangju District Court Branch on December 8, 2010.

On September 19, 2020, the Defendant driven 50c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant, at the time and place specified in Paragraph 1, has driven 50cc Oral dynas without registration that was not covered by mandatory insurance.

Summary of Evidence

1. A written investigation into the actual state of the defendant's oral statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to an inquiry report on criminal records, etc. (attached to a summary order of the same attached power);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), 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 (the point of operation without mandatory insurance) and the choice of imprisonment for each sentence;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, was able to take the same kind of fine prior to the imposition of the fine (two times of drinking driving, violation of the Guarantee of Automobile Accident Compensation Act, four times). In addition, the Defendant driven an erroneous part in the state of drinking.

The fact that the defendant is wrong and reflects on his own fault is considered in favor of the defendant.

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