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(영문) 대전지방법원 2020.08.14 2020고단1699
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

On April 25, 2012, the Defendant received a summary order of KRW 3,50,00 from the Cheongju District Court to a fine of KRW 3.5 million due to a violation of the Road Traffic Act (driving) and the said order was finalized on May 9, 2012. On October 26, 2015, the Daejeon District Court received a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) and issued a fine of KRW 5 million on November 14, 2015.

The defendant is the driver of Oralba (124C), and he did not subscribe to mandatory insurance against the above Oralba (124C).

On March 8, 2020, at around 04:50, the Defendant driven the 0.051% of the blood alcohol concentration without a motorcycle driver’s license from the front of the convenience store in the name of the Heung-dong, Seo-gu, Chungcheongnam-gu, Chungcheongnam-si to the front road of the Dongwon-gu, Seowon-gu, Seoul.

Accordingly, the Defendant, without a motorcycle driver's license, driven an Oral boom which was not covered by mandatory insurance, with a blood alcohol concentration of 0.051% and violated the prohibition of drinking driving more than twice.

Defendant

In addition, the defense counsel led to the confession of the facts charged in this case, and since all applicable provisions of law are written in the indictment, there is no possibility of infringing on the right of defense, the criminal facts were corrected in compliance with the purport of the legal inquiry.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, a traffic accident report, a report on the occurrence of a traffic accident, a report on the results of the regulation of drinking driving, a report on the results of fact, an inquiry into the state of drinking drivers, a report on the circumstances of drinking drivers, an investigation report,

1. Registers of driver's licenses and mandatory insurance;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (report attached to the same attached records), and application of summary order statutes;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and 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;

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