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(영문) 대구지방법원 서부지원 2017.03.31 2016고단2785

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On July 25, 2007, the Defendant received a summary order of KRW 500,000 from the Daegu District Court to a fine of KRW 500,00 for a violation of the Road Traffic Act (driving). On March 9, 2010, the summary order of KRW 700,000 for a violation of the Road Traffic Act (driving) was issued in the Seog Branch Branch of the Daegu District Court. On June 7, 2016, the Defendant received a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) from the Seog Branch of the Daegu District Court.

[Criminal facts]

1. On November 21, 2016, the Defendant violated the Road Traffic Act (dacting driving) and the Road Traffic Act (dacting driving) on the roads in front of the Defendant’s home located in Daegu Seo-gu, Daegu-gu, the Defendant driven dactba while under the influence of alcohol content of about 0.250% while under the influence of alcohol content of 0.250% on the roads in front of the Defendant’s home located in Daegu-gu, about 43:05.

Accordingly, the defendant driving a motor vehicle under the influence of alcohol on more than two occasions, even though he had a record of punishment.

2. No person who violates the Guarantee of Automobile Compensation shall operate a motor vehicle on a road without purchasing mandatory insurance;

Nevertheless, the defendant has driven DNA which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Mandatory insurance certificate;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to the same kind of force as the suspect);

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 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code, and Article 38.