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(영문) 수원지방법원여주지원 2020.11.27 2020고단1126
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 January 6, 2017, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving) at the Credit Support of Suwon District Court.

【Criminal Facts】

1. On September 20, 2020, the Defendant driven a motor bicycle without registration from the distance of about 300 cc from the front of the B apartment in Echeon City to the intersection of Echeon City without obtaining a motorcycle driver’s license on September 20, 202. The Defendant driven a motor bicycle of about 50 cc without registration from the distance of about 300 cc from the front of the B apartment in Echeon City to the intersection of Echeon City.

As a result, the Defendant violated the prohibition regulations on drunk driving more than twice, and simultaneously drive a motorcycle without obtaining a motorcycle driver's license.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of a motorcycle as stated in paragraph (1).

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the above motorcycle which was not covered by mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the situation of a drinking driver, inquiry into the results of the control of drinking driving, the register of driver's licenses, and detection and photograph of the investigation report (report on unregistered vehicles);

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning facts constituting an offense, 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 Act on the Guarantee of Automobile Accident Compensation;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;

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