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(영문) 대구지방법원 2016.12.22 2016고단5041

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 10, 2016, the Defendant issued a summary order of KRW 6 million to the Daegu District Court for the violation of the Road Traffic Act, etc., and on July 3, 2009, the same court issued a summary order of KRW 3 million for the violation of the Road Traffic Act.

【Criminal Facts】

1. On October 17, 2016, the Defendant, who violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) had the aforementioned two or more times of driving skills, was driving a B Twork XG car while under the influence of alcohol at least 0.10% of alcohol level, without obtaining a driving license for a section of about 500 meters from the front of the Seodaemun-gu, Daegu-gu, Seoul-gu, to the front day of the realized distance in the same Gu and Dong, and driving a B Twork XG car under the influence of alcohol level of 0.110%.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant, as a holder of B TlaXG car that was not covered by mandatory insurance, was driving the said TlaXG car at the date and place specified in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the register of driver's licenses, etc.;

1. Division: Application of Acts and subordinate statutes to report criminal records, etc., a copy of a summary order, an undisposition, and results of confirmation;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act 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 each sentence of imprisonment;

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

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

1. Article 62 (1) of the Criminal Act;

1. The community service order and the like;