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(영문) 대구지방법원 2017.07.13 2017고단2613

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On June 23, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Daegu District Court on the same day; on January 2, 2014, the same court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act; on May 18, 2017, the same court issued a fine of KRW 7 million for a crime of violating the Road Traffic Act; and on September 25, 2014, the person with at least two times of driving alcohol; on September 25, 2014, the Defendant was sentenced to imprisonment for a crime of fraud at the same court on March 19, 2015; and on September 30, 2015, the period of parole passed on September 22, 2015 of the execution of the sentence.

[2] On April 13, 2017, around 00:42, the Defendant driven a CM7 car not covered by mandatory insurance without obtaining a driver’s license from a section of about 500 meters in the direction of the police station in front of the captain’s station located in the same Eup/Myeon, located in the city of the captain of Busan-gun, Busan-gun, to the road located in the same Eup/Myeon.

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: Application of each of the Acts and subordinate statutes in one copy of a reply to inquiry, such as criminal history, two copies of the judgment, one copy of the personal confinement status, and a summary order;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity are as follows, and the age, sex, and circumstances of the defendant.