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(영문) 대전지방법원 2019.08.28 2018고단3787
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On January 31, 2011, the Defendant was issued a summary order of KRW 2 million by a Daejeon District Court due to a violation of the Road Traffic Act (driving). On April 5, 2011, the Defendant was sentenced to a fine of KRW 1.5 million by a Daejeon District Court on April 5, 201.

On July 17, 2018, at around 22:00, the Defendant driven a compact message motorcycle with no number plate attached to the mandatory insurance without obtaining a license, from the front of the packing horse in which it is impossible to identify the trade name in the vice-dong, Jung-gu, Daejeon, Daejeon to the front of the bus stops of the above sub-fluora-distance bus at approximately 200 meters away from the front of the above sub-fluora-fluor, to the front of the bus stops of the above sub-fluora-fluora-g.

Accordingly, the defendant, even though he had been punished not less than twice due to drinking driving, has again run a driving without a license, and has driven an erroneous part which is not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the control of drinking driving, report on the situation of a drinking driver, detailed statement, control records, field photographs, drinking measuring photographs, the register of driver's licenses, and details of reports on 112 incidents;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a summary order issued by a suspect for his/her drunk driving), and application of Acts and subordinate statutes attached thereto;

1. Relevant law concerning criminal facts: Article 148-2 (1) 1, 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. The provisions of Articles 40 and 50 of the Criminal Act (the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act with heavier punishment shall be punished);

1. Selection of each sentence of imprisonment;

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