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(영문) 대구지방법원 2017.01.12 2016고단6336

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 February 18, 2009, the Defendant was issued a fine of KRW 1,50,000 to a fine for a violation of Road Traffic Act (dacting driving) at the Daegu District Court Kimcheon-cheon Branch of the Daegu District Court on February 18, 2009, and a fine of KRW 4 million to a fine on November 30, 2015 at the same court as the same crime.

As above, the Defendant violated Article 44(1) of the Road Traffic Act more than twice, and driven a B arche car under the influence of alcohol concentration of approximately 0.154% from the 100 meters to the front of the golf practice course, which is located in the 57-day 1stm in the middle of the 100-day street in the middle of the 100-day street in the middle of the 100-day street in the middle of the 10-day street in the middle of the 100-day street in the middle of the 100-day street in the middle of the 10-day street.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

The Defendant was driving a motor vehicle B, which was not covered by automobile mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving, the driver's license register, and mandatory insurance;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a summary order, and the application of the defendant's statutory statement statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures, the age, sex, family relationship, family environment of the defendant, and the defendant.