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(영문) 대전지방법원 논산지원 2019.01.11 2018고단589
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 August 27, 2002, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court on March 12, 2004; a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) at the same court on March 18, 2008; a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (driving) at the same court on March 18, 2008; and a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act (driving) at the same court on August 22, 2017.

【Criminal Facts】

1. Around 02:50 on August 15, 2018, the Defendant driven a non-registered CITI 100CC motor bicycle under the influence of alcohol content of approximately 400 meters from the 400-meter section to the fluence of 0.142% from the fluence of the fluence 100-cluence fluences around the fluence fluence fluorg fluorg fluorg.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

The Defendant driven a motorcycle specified in paragraph (1) that is not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Mandatory insurance policies;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records of a suspect);

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

1. Imprisonment with labor for each choice of the punishment (for example, several driving skills);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (it shall be considered that there is no previous conviction exceeding a fine, and that it will not be re-offendered as it was driven, not in accident, short of the distance, or not in case of accident);

1. Reoffending an order to attend a lecture or an order to provide community service under Article 62-2 of the Criminal Act;

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