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(영문) 대구지방법원 김천지원 2016.03.30 2015고단1331

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 5, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon Branch on February 5, 2008, and on October 22, 2009, the Defendant was issued a summary order of KRW 3 million for the same crime in the same court.

Although the Defendant was punished for driving under drinking more than twice as above, on October 23, 2013, at around 22:50, the Defendant driven a B EF rocketing car without obtaining a driver’s license from the front of the Pool Pool, located in the Gu-Silol-dong, to the front road of the 300-meter city-top elderly in the same Dong, and without obtaining a driver’s license, and without being registered in the vehicle registration register and not subscribed to the automobile insurance on April 22, 2014, the Defendant driven a car under the influence of 0.62% of alcohol concentration among blood alcohol while under the influence of 0.120%, without obtaining a driver’s license from the front of the Pool-dong in the Gu-Silol-si to the 300-ri maintenance road located in the same Dong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Investigative into the driver's license ledger and mandatory insurance;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense; Article 46 subparag. 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages; Articles 80 subparag. 1 and 5 of the Automobile Management Act (a point of operating an unregistered automobile);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act, and a punishment heavier than punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;