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(영문) 청주지방법원 2020.08.06 2020고단911
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 16, 2016, the Defendant was sentenced to one year of imprisonment for a violation of the Road Traffic Act, etc. in the Chungcheong District Court's Chungcheong Branch's Assistance on December 16, 2016, and on November 2, 2017, in addition to the completion of the sentence, the Defendant was punished for drunk driving in a cooling prison on five occasions more.

1. On August 19, 2019, at around 15:18, the Defendant driven a non-registered climate without the alcohol content of 0.152% at the section of approximately 20km from the Do in front of a cafeteria located in Cheongju-si to the road in front of the Chungcheongbuk-si.

2. On August 19, 2019, the Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of the Oral Ba, was prohibited from operating a motor vehicle on the road which was not subscribed to the mandatory insurance, but operated on the road. On August 19, 2019, the Defendant operated the said Non-registered Ba in the section of about 20km from the Do in front of the Cheongju-si, to the Do in front of the Cheongju-si, to the Ha

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement and investigation report of the employer (the report on the status of the employer driver);

1. Notification of the control of drinking driving;

1. 범죄경력등조회회보서, 수사보고(피의자 현재 청주교도소 미결수�중 및 누범동종전과 확인 등) 법령의 적용

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 46-2 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 (2) of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments for the crimes of Violation of the Road Traffic Act with heavier punishment and the punishment for the crimes of violation of the same Act) from among concurrent crimes;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the person who was under the influence of alcohol without being able to buy the liability insurance without being able to do so. The history of the drunk driving, blood alcohol concentration, and blood alcohol concentration.

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