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(영문) 대전지방법원논산지원 2020.10.27 2020고단451
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal power] On October 11, 201, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Daejeon District Court Seosan Branch of Daejeon District Court on February 20, 201, a fine of three million won for a violation of the Road Traffic Act (driving) in the same court on February 20, 201, a fine of one million won for a violation of the Road Traffic Act (driving) in the same court on February 16, 2016, and six months for a violation of the Road Traffic Act (driving) at the Daejeon District Court on November 24, 201, respectively.

【Criminal Facts】

At around 10:40 on August 3, 2020, the Defendant driven a DNA 49c oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc

As a result, the defendant has driven a motor bicycle at the same time without obtaining a motorcycle driver's license, and has driven a motor bicycle not covered by mandatory insurance.

Summary of Evidence

1. The defendant's legal statement and the defendant's circumstantial statement;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Inquiry reports, such as criminal records, and application of six copies of written judgments;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation seems to be that the defendant has the intention to mislead and reflect his/her mistake, and the motor bicycle operated by the defendant is 49cc.

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