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(영문) 대구지방법원 2018.05.24 2018고단1429

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

On February 15, 2013, the Defendant is a person who drives drinking at least twice after receiving a summary order of KRW 1,500,000 from the Daegu District Court to a fine for a violation of road traffic laws (drinking), and on May 20, 2013 to a fine of KRW 5 million from the Daegu District Court to a summary order of KRW 5 million for the same crime, etc.

On March 22, 2018, the Defendant driven a coo car in B, which was not covered by mandatory insurance at approximately 150 meters away from the front of the restaurant at the Seogdong-gun, North Korean, Eup, Myeongdong-gun, 0.122% alcohol level, while under the influence of alcohol at around 21:29, the Defendant driven a coo car in the direction of approximately 150 meters from the front of the restaurant at the Gyeonggdong-gun, North Korean, North Korean, North Korean, North Korean, North Korean, in the same Eup/Myeon.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol more than twice, was driving a motor vehicle without mandatory insurance in the state of under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiry into mandatory insurance;

1. Written inquiry about criminal history, etc.;

1. Investigation report (Attachment of the previous summary order) and application of each of the summary order statutes;

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 drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not mandatory insurance), and selection of imprisonment, respectively;

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 sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under the grounds for sentencing under Article 62-2(1) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- The fact that there are two times the history of punishment for the violation of the Road Traffic Act (driving of alcohol), - the recognition of the crime, reflectivity, and re-driving of alcohol.