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(영문) 대구지방법원 2017.12.05 2011고단4690

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 April 4, 2010, the Defendant was under the influence of alcohol by 0.190% in blood without a vehicle’s driver’s license on April 14, 2010, and driving D 100C obabs in two kilometers in front of the mountain substation-gu, Daegu-gu, Daegu-gu, on the front of the Hemba-dong, on the road in front of the Hemba-gu, Daegu-gu, Busan-gu, in the direction where the Defendant was under the influence of alcohol by 0.190% in alcohol level in blood.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of D 100cc an objection.

No one is allowed to operate a motor vehicle which is not covered by mandatory insurance on the road, but the defendant operated the motor vehicle without purchasing mandatory insurance at the date, time, and place of the above paragraph 1.

Summary of Evidence

1. Legal statement of the defendant's special representative B;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident occurrence report;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes not subject to mandatory insurance to investigation reports;

1. Articles 148-2 subparag. 1 and 44(1) of the former Road Traffic Act (amended by Act No. 10382, Jul. 23, 2010); Articles 46(2) and 8 main text of the former Guarantee of Automobile Compensation (amended by Act No. 11369, Feb. 22, 2012); Articles 154 subparag. 2 and 43 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment for a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act and a violation of the Road Traffic Act, and a punishment for a violation of the Road Traffic Act, of which punishment is heavier);

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant was punished by a fine on several occasions for the same kind of crime in the past.