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(영문) 전주지방법원 2020.11.10 2020고단1345
도로교통법위반(음주운전)등
Text

The sentence against the accused shall be determined by one year and four months of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 12, 2008, the Defendant received a summary order of KRW 500,000 from the Jeonju District Court to a fine for the crime of violating the Road Traffic Act.

Nevertheless, at around 12:40 on April 19, 2020, the Defendant driven a CITY ACE 110cc Orala on the road from the front of the “Chacker” located in the Jeon-gun, Jeonbuk-gun, to the front of the DD located in the Jeonbuk-gun, Jeonbuk-gun, with a negative alcohol content of 0.0%.

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

Nevertheless, the Defendant operated a non-registered two-wheeled automobile that was not covered by mandatory insurance at the same date, time, and place as in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of traffic accidents, on-site photographs, reports on hearing statements, notification on the control of drinking driving and mandatory insurance, and mandatory insurance;

1. Previous convictions in judgment: Application of inquiry reports and investigation reports (Attachment to summary orders of the same kind of power)-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act, Articles 46(2)2 and 8 of the Guarantee of Automobile Accident Compensation Act, and Articles 46(2) and 8 of the Act on Guarantee of Automobile Accident Compensation [the prosecutor shall institute a public prosecution against the purport that the act of drunk driving and the act of operating cars not covered by mandatory insurance are evaluated as one act in light of social norms, and the act of violating the Road Traffic Act and the act of violating the Guarantee of Automobile Accident Compensation Act are in a commercial concurrent relationship as stipulated in Article 40 of the Criminal Act. However, each of the above crimes should be assessed separately as to the act of distinguishing the legal interests protected by the law and the act of the principal, etc., and each of the above crimes must be assessed separately as to the act of the crime

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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