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(영문) 의정부지방법원 2020.11.27 2020고단3357
도로교통법위반(음주운전)등
Text

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

However, 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

On February 7, 2014, the Defendant was issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act by the District Court of Jung-gu on February 7, 2014.

shall be corrected as such.

1. On June 5, 2020, at around 22:09, the Defendant driven without registration 50cc calb (number B) under the influence of alcohol at about 3 km from the section of about 0.110% around the bus stops adjacent to the bus stops of about 3 km, 5cc, which were located in the 65rd-water calculation number from the northwest-si, Gyeonggi-si, Macheon-si to the 3678 unit.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, who was a motor vehicle owner at the time and at the place specified in paragraph (1), and was driving 50 c occ occ (number : B) without being admitted to the compulsory examination.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Information that a person has not subscribed to mandatory insurance once after checking the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Selection of each sentence of imprisonment with prison labor, for the crime concerned, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, 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;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The accused has been punished several times for drinking driving even before the reason for sentencing Article 62-2 of the Criminal Act.

Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.110% by driving without registration, which was not covered by mandatory insurance, under the influence of alcohol concentration in the second blood.

However, the circumstances favorable to the defendant's recognition of the crime of this case are that it reflects on the fact.

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