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(영문) 의정부지방법원 2020.11.16 2020고단2917
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 26, 2018, the Defendant was issued a summary order of a fine of three million won at the Jung-gu District Court on the ground of a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. On June 3, 2020, the Defendant driven a large A-FOUR motor bicycle (on the fluor capacity 49.5cc) under the influence of alcohol without obtaining a driver's license, in a section of approximately 700 meters from the place near the C school located in Scheon-si B to the E located in the same city D.

Accordingly, the defendant, while driving without a license, violated Article 44 (1) of the Road Traffic Act not less than twice.

2. No owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall operate an automobile not covered by mandatory insurance;

The defendant, as the owner of a motorcycle as stated in paragraph (1), operated the above motorcycle which has not subscribed to mandatory insurance in the time and section of Paragraph (1).

Summary of Evidence

1. Report on the criminal defendant's results of investigation;

1. Report on the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, and report on the situation of drinking driving;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Previous convictions: Inquiries and inquiries, and the application of Acts and subordinate statutes of investigation reports (suspects' records of drinking driving);

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 (Punishment of the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.

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