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(영문) 대구지방법원 2018.01.18 2017고단6563

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[2] On November 26, 2008, the Defendant received a summary order of KRW 700,000,000 from the Daegu District Court to a fine due to a violation of road traffic laws (drinking), and on November 28, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime, etc. in the same court on January 27, 2010. On April 25, 2012, the Defendant was sentenced to a summary order of KRW 2,50,000 as a fine for the same crime, etc. on the same court on April 25, 2012. On November 10, 2016, the Defendant was sentenced to a suspended sentence of imprisonment for six months for the same crime and was sentenced to a suspended sentence of two years on November 18, 2016.

[Criminal facts]

1. On September 11, 2017, the Defendant: (a) driven a 500-occin from the front of a movable hospital located in Daegu-gu to the front of the GGGGGGGG in the state of being drunk of 0.193% of alcohol while under the influence of alcohol without obtaining a driver’s license for a motor vehicle on September 22:18, 2017 to the road of 203rd half-gu.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a person who has an objection against C 50 OEM.

No person shall operate any motor vehicle on a road which is not covered by mandatory insurance for motor vehicles.

Nevertheless, the Defendant operated the two-wheeled automobile that was not covered by mandatory insurance at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, text of judgment, and summary order, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act concerning facts constituting a crime (the point of drinking) of the relevant Act;