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(영문) 대구지방법원 김천지원 2016.08.11 2016고단431

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 2, 201, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking) with the support of the Daegu District Court Kimcheon-cheon on November 2, 201. On May 14, 201, the Defendant was sentenced to a summary order of KRW 4 million for the same offense, etc. in the same court, and on October 10, 2014, sentenced to a fine of KRW 6 million with the same offense at the Seoul Central District Court.

Although the Defendant had been punished twice or more for the crime of violating the Road Traffic Act (drinking) as seen above, on March 20, 2016, the Defendant driven Bone Starsch in the form of alcohol alcohol concentration of about 0.085% from the 2km section of approximately 2km to the smart hotel distance in front of the 10-ro, 369, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, 369, Sinpo-si, Sinpo-si, Sinpo-si, 369, Sinpo-si, Sin-si, Sinpo-si, Sinpo-si.

2. The Defendant in violation of the Guarantee of Automobile Compensation for Damages is a holder of Bone Star Co., Ltd.

The Defendant operated an automobile that was not covered by mandatory insurance at the same time and place as paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. An inquiry into the enemy and mandatory insurance;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on the result of confirmation of the previous conviction before disposition, text of judgment, and copy of summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 48-2 (1) 2 of the same Act, Article 46 (2) 2 of the Guarantee of Automobile Compensation, and the main sentence of Article 8 of the same Act (the point of operating an automobile, the mandatory insurance of which is not mandatory insurance);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (recognating and opposing errors, and there is no yet any punishment exceeding fines, the circumstances leading to driving, and the defendant's person.