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(영문) 대구지방법원 서부지원 2019.06.13 2018고단2730

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On September 10, 2008, the Defendant was notified of a summary order of a fine of two million won for a violation of the Road Traffic Act, etc. at the branch court of the Daegu District Court (Seoul District Court). On November 9, 2012, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act, etc. at the branch court of the Daegu District Court (Seoul District Court), and was sentenced to a fine of two million won for a violation of the Road Traffic Act.

On August 25, 2018, the Defendant, while under the influence of alcohol at least 0.130% of blood alcohol concentration, driven a dalb from approximately 500 meters section to the front of Daegu Seo-gu, Seo-gu, Seo-gu, a cafeteria.

As a result, the defendant had been punished for drinking driving more than twice, but once again, he was under the influence of alcohol.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of DNA Baba.

Although the Defendant was prohibited from operating a motor vehicle which is not covered by mandatory insurance on the road, the Defendant operated the above urine, which was not covered by mandatory insurance from the front of a restaurant near the Seo-gu, Daegu-gu, to the front of the Daegu-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on the occurrence of traffic accidents, reports on the state of driver's standing and statement, and reports on the control of drinking driving;

1. Mandatory insurance policy;

1. Previous records: References to criminal records and investigation reports (Attachment of the same kind of drinking record) shall be applied by statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; and the choice of imprisonment, respectively, with prison labor;

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 of the Criminal Act: