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(영문) 대구지방법원 경주지원 2017.06.22 2017고단120

도로교통법위반(음주운전)등

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

However, the execution of the above sentence 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 July 12, 2001, the Defendant was sentenced to a fine of one million won due to a violation of road traffic laws in the port support of the Daegu District Court in Daegu District Court on July 12, 2001, and was sentenced to a fine of 1.5 million won due to a violation of road traffic laws in the Daegu District Court in September 27, 2013, and on December 12, 201, the Defendant was sentenced to a fine of 1.5 million won due to a violation of road traffic laws (driving), and on December 12, 2014, the Defendant was sentenced to a fine of 4 million won or more due to a violation of road traffic laws in the Daegu District Court racing support.

On February 18, 2017, at around 00:20, the Defendant driven Bone Star Cornex under the influence of alcohol leveling 0.131% of alcohol level from around 1.5km to the front left of the company of the Dongcheon-dong, Dongcheon-si, Seoul Special Metropolitan City, the Defendant was under the influence of alcohol leveling from around 00:20 to around 0.5km.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle without purchasing a mandatory insurance policy;

Nevertheless, the Defendant did not subscribe to mandatory insurance at the time and place mentioned in paragraph 1, but operated B Costa Bosch Rexroth.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Reporting on the detection of any suspected violation of the Traffic Act (unlicensed or drunk driving), notification of the results of crackdown on drinking driving, report on the situation of the driver under driving, inquiry into the results of crackdown on drinking driving, the ledger of driver's licenses of motor vehicles, and inquiry into the mandatory insurance;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, and each investigation report (A), and application of Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Compensation Act;

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 for mitigation of volume (which requires the support of the defendant to the point that the defendant repents his mistake and supports the defendant.