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(영문) 대구지방법원 상주지원 2014.05.20 2014고단15

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a driver of a machine tank B. A.

On March 27, 2008, the Defendant was issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) at the Sung-nam Branch of Suwon District Court on March 27, 2008, and a fine of KRW 2 million as a crime of violation of the Road Traffic Act (driving) at the residents support of Daegu District Court on August 7, 2009, respectively.

At around 18:20 on January 8, 2014, the Defendant driven the said vehicle under the influence of alcohol by 0.124% in the section of about 15 meters, from the front day of the construction of the Dong, which is located in the 113-ro, Gosi-ro, Gosi-ro, 113, to the long day of the 116-day wire ropes.

(b) The defendant in violation of the Guarantee of Automobile Accident Compensation Act shall not operate any motor vehicle on the road on which he/she is not covered by mandatory insurance as a holder of the said motor vehicle;

Nevertheless, the Defendant operated the said car without being covered by mandatory insurance at the time and place mentioned in the above paragraph (a).

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Mandatory insurance policies;

1. Previous record: Application of Acts and subordinate statutes of inquiry report on criminal records, etc. and investigation report (including each summary order attached and attached thereto);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), 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 for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the criminal defendant is divided into a truth-finding and that the criminal defendant's detention entails excessive difficulty to his/her family members);

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;