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(영문) 수원지방법원 2021.02.05 2020고단5356
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 5, 2020, the Defendant received a summary order of KRW 8 million on October 15, 2020 due to a crime of violation of the Road Traffic Act (driving) in support of the care center of Suwon Friwon on the ground of the fact that he/she had driven a drinking on May 5, 202.

[Criminal facts]

1. On July 29, 2020, the Defendant driven a eMW 520d car under the influence of alcohol concentration of about 0.037% without obtaining a driver’s license on the section of approximately 1.3 km from the road front of the Suwon-si, Suwon-si to the road front of the Suwon-si, Suwon-si, D Bank Suwon-si, which is located in the same Gu C, from around 1.3km to the road front of the viewing station in the same Gu.

As a result, the Defendant violated the provision prohibiting drinking or refusing to measure drinking under the Road Traffic Act more than twice, and simultaneously driven a motor vehicle without obtaining a driver's license.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of EMW 520d Motor Vehicle.

Although the owner of a motor vehicle is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, the defendant operated the motor vehicle without mandatory insurance at the time and place specified in paragraph 1.

The defendant is the actual holder of the EMW 520D car. The defendant is the actual holder of the EMW 6832.

Although the owner of a motor vehicle is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, the defendant operated the motor vehicle without mandatory insurance through two times in total as follows:

1. The entrance of the F apartment in Suwon-si, Suwon-si, at around 21:55 on May 10, 2020 (Seoul-do, Dong Residents' Center in the 1st century);

2. A summary of the evidence of sources of interest in front of the Si-Seopo Park, the 616 Nowon-gu, Ansan-si, 09:19 on July 23, 2020, 2020, hereinafter referred to as "5356 on July 23, 2020;

1. Statement by the defendant in court;

1. Statement statement, investigation report (report on the situation of the driver in charge of driving), notification of the results of regulating the driving of drinking alcohol, and log of measuring records;

1. The driver's license ledger and the driver's license ledger;

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