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(영문) 청주지방법원 2020.02.06 2019고단2074
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On October 1, 2009, the Defendant had been sentenced to six months of imprisonment with prison labor at the Cheongju District Court for the violation of the Road Traffic Act.

【Criminal Facts】

1. On July 26, 2019, the Defendant was under the influence of alcohol at a 0.085% of blood alcohol level on July 26, 2019 without obtaining a license for a motorcycle (driving without a license) and the violation of the Road Traffic Act (driving without a license), the Defendant driven a CR100 motorcycle at a section of about 1km from the front of the Cheongju City to the front of the Cheongju-si B, a considerable range of Cheongju-si, via Dmate in a reasonable area of the Cheongju-si.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated a motor bicycle, which was not covered by mandatory insurance, at the above time and at the above location.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Investigation reports and notification of the results of the control of drinking driving;

1. Investigation report (18 pages for investigation records);

1. Registers of mandatory insurance inquiries and licenses;

1. The application of Acts and subordinate statutes to report criminal records, references to criminal records, dispositions not before the disposition, and results of confirmation;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 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 concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

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. Re-offending, such as recognizing the crime of sentencing under Article 62-2 of the Social Service Order Act and misunderstanding the reason, and scrapping off the stobane, etc.

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