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(영문) 춘천지방법원 2020.11.19 2020고단923
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

Criminal power is sentenced to a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Chuncheon District Court on December 6, 2006, and a summary order of KRW 2.5 million for the same crime at the same court on September 3, 2010, and on June 1, 2011, the same court was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act (recognition). On December 23, 2019, the defendant was sentenced to a suspended sentence of one year and four months for a crime of violation of the Road Traffic Act (regnition) at the same court on December 31, 201, and the judgment became final and conclusive on December 31, 2019.

Criminal facts

1. On July 25, 2020, the Defendant driven a two-wheeled son with no registration number plate in the section of approximately 200 meters from the front of the Hongcheon-gun B of the Gangwon-do to the roads near Dincheon-gun of the Gangwon-do, while under the influence of alcohol at around 0.188% of the blood alcohol level without obtaining a motorcycle driver’s license on July 21, 2020.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and conducted a drunk driving at the same time.

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

Nevertheless, the Defendant, at the time and place specified in the above Paragraph 1., operated the two-wheeled Ba as stated in the above Paragraph 1.

Summary of Evidence

1. The defendant's legal statement, notice of the result of crackdown on drinking driving, and the circumstantial statement of the drinking driver;

1. Inquiries into information on non-life insurance on the ledger of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1), Articles 44 (1), 154 subparagraph 2, and 43 of the Road Traffic Act concerning facts constituting an offense, and Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the same Act;

1.Article 40 of the Criminal Code of Trade and Trade.

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