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(영문) 대구지방법원 김천지원 2018.07.19 2018고단229

도로교통법위반(음주운전)등

Text

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 June 15, 2015, the Defendant received a summary order of a fine of four million won due to a violation of the Road Traffic Act (drinking driving), and a fine of three million won due to a violation of the Road Traffic Act (drinking driving) in the same court on May 15, 2017.

1. 도로 교통법위반( 음주 운전), 도로 교통법위반( 무면허 운전) 피고인은 2018. 2. 25. 18:25 경 구미시 옥계동에 있는 상호 불상의 식당 앞 도로에서부터 구미시 산호대로 1200에 있는 우성건설 앞 도로에 이르기까지 약 3km 구간에서 혈 중 알콜 농도 0.221% 의 술에 취한 상태로 원동기장치 자전거 운전면허를 받지 아니하고 번호판 없는 효성 랠리 오토바이를 운전하였다.

2. The Defendant violated the Guarantee of Automobile Compensation for Damages, at the time and place specified in paragraph 1, operated Oba which was not covered by mandatory insurance as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report, a response to a request for appraisal, and a report on the detection of a primary driver;

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

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 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

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

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 fact that there are many kinds of records of driving of the same drinking and driving without licenses for the reasons of sentencing in Article 62-2 of the Criminal Act, the fact that the amount of alcohol concentration in the blood of this case is very high, the fact that it is against the fact that there is no previous conviction exceeding the fine, the circumstances of the crime, and the fact that there is no previous conviction.