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(영문) 대구지방법원 김천지원 2012.11.16 2012고합232

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

In the Daegu District Court on August 9, 2006, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on November 28, 2007, the Defendant was sentenced to a suspended sentence of eight months of imprisonment for the same crime in the same court on November 28, 2007, and on December 15, 2009, the Defendant was sentenced to a suspended sentence of two years for the same crime in the Daegu District Court on December 15, 2009.

1. Around 20:30 on August 23, 2012, the Defendant violated the Road Traffic Act and the Road Traffic Act (unlicensed driving) driving, without obtaining a driver’s license, on the front road of the store in front of the store in the Gosi-Eup, Gosi, Gosi, Gosi-si, and under the influence of alcohol 0.161% of the blood alcohol concentration, the Defendant driven the C Costkex Round under the influence of alcohol concentration.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, even though he was prohibited from operating a motor vehicle not covered by mandatory insurance, he operated the said motor vehicle without mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on detection of a drinking driver, register of driver's licenses, and mandatory insurance;

1. Previous records: Application of criminal records and investigation reports (previous records and court rulings) and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of running a motor vehicle without a license), subparagraph 1 of Article 152, Article 43 (the point of operating a motor vehicle without a license) of the Criminal Act concerning facts constituting an offense, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;