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(영문) 대구지방법원 서부지원 2017.09.20 2017고단1351

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On June 17, 2014, the Defendant was sentenced to a summary order of a fine of five million won for a crime of violating road traffic laws at the Seo-gu District Court Branch Branch Branch of the Daegu District Court, and on April 8, 2016, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime in the same court on April 8, 2016, and the said judgment became final and conclusive on April 16, 2016.

[Criminal Facts]

1. On May 24, 2017, the Defendant, while under the influence of alcohol at around 20:50, the Defendant driven C Lastren vehicle at approximately 500 meters from the front of the gambing apartment road in Daegu-gu, Daegu-ro 26, a commercialization of 0.213% of alcohol among blood transfusions, to the road of about 500 meters from the front of the gambro 540-ro 47-way.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

2. No person who violates the Guarantee of Automobile Compensation shall operate any automobile on the road which is not covered by mandatory insurance provided for in the Guarantee of Automobile Compensation Act;

Nevertheless, Defendant 1 operated Crocketing car not covered by mandatory insurance as stipulated in the Guarantee of Automobile Damage Compensation Act at the time and place under the above paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, report on the situation of the driver of drinking alcohol, and investigation report (report on the situation of the driver of drinking alcohol);

1. Details of revocation of driver's license, inquiry of the main office, and inquiry about driver's license;

1. Mandatory insurance certificate;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, a copy of judgment, etc.;

1. Subparagraph 1 of Article 148-2 of the Road Traffic Act, Article 44 (1), subparagraph 1 of Article 152 and Article 43 of the same Act concerning facts constituting an offense, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes