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(영문) 광주지방법원 순천지원 2021.03.11 2020고단2786
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 19, 2016, the Defendant issued a summary order of a fine of KRW 3 million for a violation of road traffic law in the Gwangju District Court's net order of September 19, 2016, and the same power has totaled two times.

1. On October 3, 2020, the Defendant violated the Road Traffic Act (drinking) operated the WTY80 bicycle riding device, which was not registered under the influence of alcohol 0.065% from the 1km section from the 1km section from the front of the C cafeteria in the C cafeteria-si B to the road, after having been located in the C cafeteria-si D in the B at the Netcheon City, to the road.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a person who has almost almost 80 motor devices without registration.

No owner of a motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, the defendant operated the motor bicycle that was not covered by mandatory insurance as described in paragraph 1.

Summary of Evidence

1. Investigation report by the defendant before the court (the main driver's report on the circumstances);

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, (A) and a copy of the above summary order, respectively;

1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), Article 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 (main sentence) of the Guarantee of Automobile Compensation Act, the former part of Article 37, Article 38(1)2 and Article 50 of the Act on the Promotion of Concurrent Punishment of Imprisonment for Punishment

1. Article 53 and Article 55(1)3 of the Criminal Act for the Reduction of Quantities (i.e., that reflects the error and that the drinking value is not high by 0.065%);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 2

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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