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(영문) 대구지방법원 김천지원 2020.02.11 2019고단1434

도로교통법위반(음주운전)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, 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

[criminal power] On November 12, 2007, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on November 12, 2007, as well as a fine of KRW 1 million for the same crime from the same support on December 3, 2015.

【Criminal Facts】

1. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a motor vehicle owner B K7 motor vehicles.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, on October 9, 2019, between 04:00 and 05:00, the Defendant had an agent of the foregoing motor vehicle, who was not covered by mandatory insurance, from around about 7.4 km to the front of the Gu and the Gu and the Gu and the Gu, operate the motor vehicle.

2. Around 05:00 on October 9, 2019, the Defendant driving a B K7 car while under the influence of alcohol content of 0.185% at a section of about 30 meters of the passage of the first floor parking lot of the apartment-class apartment in the Gu-U.S., Seoul Special Metropolitan City.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. On-site survey report, photographs of accident site, inquiry into the results of the control of drinking driving, and mandatory insurance;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

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 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of punishment by law: Imprisonment;