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(영문) 수원지방법원 평택지원 2021.02.19 2020고단1574
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 25, 2014, the Defendant received a fine of KRW 4 million from the Suwon District Court on the grounds of a violation of the Road Traffic Act (dacting driving), etc.

[Criminal facts]

1. Around 03:20 on June 13, 2020, the Defendant violated the Road Traffic Act (divated driving) driving on a feld vehicle under the influence of alcohol at approximately 0.169% of alcohol while under the influence of alcohol at approximately 300 meters from the Do in front of Pyeongtaek-si B to the front of the same city in the same city.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of a DJD car.

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

The Defendant operated the car without mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of Acts and subordinate statutes on investigation reporting (verification of drinking driving history);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of vehicles which are not mandatory insurance, the selection of imprisonment, etc.);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of two crimes specified for a crime of violating the Road Traffic Act with heavy punishment];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Act are as follows: (a) all the arguments in the instant case, including the circumstances following the crime, such as the age, sex, environment, family relationship, motive for the crime, means and consequence of the crime.

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