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(영문) 대구지방법원 김천지원 2016.11.03 2016고단970

도로교통법위반(음주운전)등

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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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was issued a summary order of KRW 1 million on July 4, 2012 and KRW 2 million on December 26, 2013, respectively, by this court, for a violation of the Road Traffic Act (driving).

1. On June 19, 2016, the Defendant driven a 49c motor bicycle with no number plateing in the state of alcohol at approximately 0.152% in the 1km section from the front of the packing end in which it is impossible to find out the trade name in the Gu-U.S. Do-si Do-si Do-si Do-si Do-si Do-si Do-si Do-si Do-si Do-si Do-si Do-si Do-si Do-si Do-si Do-

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the above motorcycle that did not purchase mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A survey report on the actual condition of a traffic accident and photographs of the accident site;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes related to investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2(1) of the Criminal Act Article 62-2(1) of the Order to provide community service and attend lectures is that drinking driving is already punished three times.

The accident occurred and the blood alcohol concentration is considerably high, so the choice of imprisonment is chosen, and the mistake is recognized, and there is no criminal record exceeding the fine, and the risk is somewhat low than the driving of the motor vehicle due to the Otobane driving.