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(영문) 광주지방법원 목포지원 2020.07.23 2020고단93
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

except that 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 June 19, 2013, the Defendant issued a summary order of KRW 3 million for a fine of KRW 1,00,000 as a crime of violation of the Road Traffic Act at a wooden branch of the Gwangju District Court, and on January 13, 2017 at the same court, a summary order of KRW 5,00,000 for the same crime.

Nevertheless, at around 16:45 on November 23, 2019, the Defendant driven Oral Ba, while under the influence of alcohol, 0.109% of alcohol concentration, without obtaining a motorcycle driver’s license from the front of C, located in B, in the direction of approximately 8km, from the front of C to the front of the south Ham-gun D.

As a result, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice, and simultaneously drive without a license.

2. The Defendant in violation of the Compensation for Automobile Accident Compensation Act is a person who has Obama.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the Defendant operated the above Oral Ba, which was not covered by mandatory insurance, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the occurrence of an accident, photograph related to the accident, ledger of driver's license (A), chassis, mandatory insurance bureau (A), registration status of disqualified persons, report on the status of disqualified drivers, report on the actual state of his/her driving, and report on the results of the control of drinking

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 and Article 43 of the former Road Traffic Act (Amended by Act No. 16830, Dec. 24, 2019); Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Violation of Articles 40 and 50 of the Road Traffic Act (the crime of drinking and driving).

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