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(영문) 청주지방법원 영동지원 2019.10.24 2018고단215
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 June 25, 2014, the Defendant was issued a summary order of KRW 5 million by the Seoul Western District Court for the violation of the Road Traffic Act (driving) and a summary order of KRW 5 million by the same court on June 26, 2015, respectively.

【Criminal Facts】

1. On October 20, 2018, at around 22:48, the Defendant driven an E SL 125cc crocb while under the influence of alcohol without a motorcycle driver’s license at a section of about 500 meters from the 500-meter radius to the D in front of a buck cafeteria cafeteria located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant driven an ESL 125cc crocb under the influence of alcohol without a motorcycle driver’s license.

As a result, the Defendant, who violated the prohibition of drinking under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without a driver's license in violation of the said provision.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated an automobile without mandatory insurance on the road; (b) but (c) operated the automobile without mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. The credit bureau and the mandatory insurance association;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

1. Relevant Act on criminal facts: Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2, and Article 43 of the Road Traffic Act; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of drinking and driving)

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