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(영문) 대구지방법원포항지원 2020.08.20 2020고단856

도로교통법위반(음주운전)등

Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 19, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the port branch of the Daegu District Court in Daegu District Court. On March 4, 2015, the Defendant was issued a summary order of KRW 5 million for the same crime at the same court.

【Criminal Facts】

1. Around 07:23 June 4, 2020, the Defendant driven a scambane without a license plate at the section of about 100 meters of blood alcohol level up to 0.176% of blood alcohol level up to the road located in front of the Si/Gun/Eup/Myeon, located in 182, the area adjacent to the Si/Gun/Eup/Myeon/Eup/Myeon under the influence of alcohol leveling from around 100 meters of the road in front of the Si/Gun/Eup/Myeon under the influence of alcohol leveling around 182.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

2. No owner of an automobile violating the Guarantee of Automobile Accident Compensation Act or a person who is entitled to use an automobile, and operates an automobile for himself, shall operate the automobile on the road which is not mandatory insurance;

At the above time and place, the Defendant operated the above two-wheeled automobile, which was used by the Defendant from his seat, and was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Specifications of checking and maintaining automobiles;

1. Each photograph;

1. Previous convictions: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating vehicles not covered by mandatory insurance) (the point of operating vehicles)

1. Of concurrent crimes, the term of the above two crimes under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be aggregated; and