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(영문) 수원지방법원성남지원 2020.11.18 2020고단1661
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the sentence of imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 13, 2009, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving without a license), KRW 3 million due to the same crime from the Sungnam branch of the Suwon District Court on January 24, 201, and KRW 5 million due to the same crime from the Suwon District Court on December 21, 201, respectively.

On May 17, 2020, the Defendant driven a non-registered 100 motorcycle at the 1km section from the front of the wife population B in Gyeonggi-si to the front road located in Gyeonggi-si without obtaining a driver's license at around 19:35 on May 17, 2020.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice and simultaneously drives a motor vehicle without obtaining a driver's license.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a person who has a motorcycleless 100 motorcycle.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the Defendant operated the said car at the same time and place as the above 1.1.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drunk driving, report on the circumstance of a drinking driver, and investigation report (report on the circumstance of a drinking driver);

1. The driver's license ledger;

1. Notification of a violation of the Automobile Management Act (the failure to report the use of a two-wheeled motor vehicle);

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports (A), investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the same Act concerning criminal facts, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the same Act concerning the operation of motor vehicles which are not mandatory insurance);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of running under the Road Traffic Act).

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