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(영문) 서울중앙지방법원 2019.02.19 2018고단8072
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 26, 2018, the Defendant was sentenced to a fine of KRW 9 million for a violation of the Road Traffic Act (driving) by the Daegu District Court, etc., and on November 22, 2018, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court for a violation of the Road Traffic Act (driving).

1. Around December 1, 2018, the Defendant driven a fenz’s vehicle level under the influence of alcohol level of 0.080% without a vehicle driver’s license on the roads of “C” located in Gangnam-gu Seoul on the roads of “C” in Gangnam-gu Seoul and up to the front roads of the E Elementary School located in Seoul Gangnam-gu Seoul.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

2. The Defendant violating the Guarantee of Automobile Accident Compensation Act is a holder of Fenz’s car.

At the above time and place, the Defendant operated the benz car that was not covered by mandatory insurance.

Summary of Evidence

1. Partial statement of the defendant;

1. Suspected vehicles;

1. The circumstantial statement of the employee;

1. Place where a drinking gauge is visible and the results of the crackdown on drinking driving are notified;

1. Mandatory insurance policies;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in the judgment: Criminal history records, references (A), reports on the results of confirmation of the previous disposition, and application of Acts and subordinate statutes to investigation reports (verification of sound and unlicensed driving records);

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of unauthorized Driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of which is not mandatory insurance);

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (the crimes of non-licensed driving) shall be more severe.

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