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(영문) 창원지방법원 통영지원 2021.02.03 2020고단1142
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 20, 2010, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court’s territorial branch on April 20, 2010. On December 28, 2012, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) in the same court.

1. On September 5, 2020, the Defendant driven CVF100 F occ under the influence of alcohol level of 0.075% under the influence of alcohol level of alcohol level of 0.075% on the road, without obtaining a motor device driver’s license from the front of the Defendant’s residence in Jin-gun, Jin-gun, Jin-gun (Seoul) around 10:09 to the front of the terminal located in 3666 on the south coast of the same military screen.

As a result, the defendant did not obtain a driver's license for a motor device, while driving a motor vehicle in violation of the prohibition of drinking more than twice.

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road which has not purchased mandatory insurance for motor vehicles;

Nevertheless, the Defendant did not purchase a mandatory motor vehicle insurance policy at the time and place specified in paragraph 1, but driving a motor vehicle on the part of the Defendant, as stated in paragraph 1.

Accordingly, the defendant, as a motor vehicle owner, operated a motor vehicle which was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (as to attachment of photographs of otoba), report on the circumstances of the oba driver, report on the results of crackdown on drinking driving, investigation report (report on the situation of the oba driver), register of driver's licenses for automobiles, investigation report (as to confirmation of the fact that the mandatory insurance for the ob

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history as the suspect);

1. Article 148-2(1), Article 44(1) (in cases of drinking) of the Road Traffic Act concerning facts constituting an offense, Article 148-2(1), Article 154 Subparag. 2, and Article 43 of the Road Traffic Act (in cases of driving a bicycle without a motor device);

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