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(영문) 대구지방법원 2017.07.13 2017고단2220

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

1. On December 30, 2010, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act (drinking driving) and a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Daegu District Court on the same date, and on June 5, 2014, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving) at least twice.

On April 13, 2017, around 11:00, the Defendant driven a motor device bicycle under the influence of alcohol leveling to about 0.110% from the section of approximately 1km from the 472-ro, Gyeong-gu, Daegu-si, Daegu-si to the 472-ro, Gyeongsan-ro, to the 21-gil 4-ro, Gyeongsan-ro.

2. No automobile which is not covered by mandatory insurance provided for in the Guarantee of Automobile Compensation Guarantee Act shall be operated on the road;

The Defendant operated a motor device, which is a two-wheeled automobile not covered by mandatory insurance stipulated in the Guarantee of Automobile Compensation Act, at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into a circumstantial statement and the results of crackdown on drinking driving;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 48-2 (1) 2 of the same Act, Article 46 (2) 2 of the Guarantee of Automobile Compensation, and the main sentence of Article 8 of the same Act (the point of operating a motor vehicle which is not mandatory insurance);

1. Selection of each sentence of imprisonment;

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. 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 frequency and time when the defendant was punished for committing the same kind of crime under Article 62-2 of the Criminal Act, the alcohol concentration in blood during driving of the instant drinking, and other matters.