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(영문) 청주지방법원 2020.12.17 2020고단1675
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

[Power of sound driving, etc.] On March 24, 2008, the Defendant received a summary order of a fine of one million won as a crime of violating the Road Traffic Act (driving) at the Cheongju District Court.

【Criminal Facts】

1. Around 01:10 on July 18, 2020, the Defendant driven a DSS7 car under the influence of alcohol concentration of 0.171% from the 1km section from the front of the “C” restaurant located in the petition-gu, Cheongju-si, to the front of the street in the same Gu, from the day on which the Defendant was under the influence of alcohol concentration of 0.171%.

As a result, the Defendant violated the “Prohibition of Driving under the influence of alcohol” at least twice.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of DM7 automobiles.

At around 19:00 on July 17, 2020, the Defendant operated the MF7 vehicle that was not covered by mandatory insurance on the “C” road located in the petition-gu B, Cheongju-si.

B. At around 01:10 on July 18, 2020, the Defendant operated the said SM7 vehicle that was not covered by mandatory insurance on the front of the prime sex distance in 197, as decided by the Cheongju-si’s Cheongju-si’s Cheongju-si’s Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes, such as summary order;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (a point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each crime is added up);

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

1. Article 62 (1) of the Criminal Act (including the fact that there is an error and family member, etc.);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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