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(영문) 대구지방법원 김천지원 2018.11.21 2018고단150

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for six months.

Of the facts charged in this case, the part concerning the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is acquitted.

Reasons

Punishment of the crime

1. On March 16, 2010, the Defendant was sentenced to a fine of two million won for the crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court, Kimcheon-cheon Branch of the Daegu District Court on March 16, 201, and on July 14, 201, to a suspended sentence of two years for six months and on December 23, 201, to a suspended sentence of two years for the same crime in the same court, respectively. < Amended by Act No. 13318, Dec. 23, 2015>

However, on September 25, 2017, the Defendant was under the influence of alcohol level of 0.061% in blood around 21:40 on September 25, 2017. Without obtaining a driver’s license, the Defendant driven the said car at the section of approximately 100 meters from the Do located in the Gu, Si, Si, Gu, si, to the center of the flue distance near the 195-ro, Gu, Si, si.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated the said car without mandatory insurance at a section of approximately 100 meters from the Do located in the Do, Sinsi-si, Sin-si, Sinsi-si, 195, to the place near the 195-ro, Sinsi-si, Sinsi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and photographs;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. An inquiry into the enemy and mandatory insurance;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (report on confirmation of the previous convictions of the disposition and report on the date of release);

1. Relevant legal provisions concerning criminal facts;

(a) Drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(c) Unlicensed driving: Article 152 subparag. 1, and Article 43 of the Road Traffic Act.

(d) Operation of automobiles which are not mandatory insurance: Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Act on Reduction of Small Quantity is the sixth drinking.

Imprisonment with prison labor due to drinking driving.