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(영문) 대구지방법원 경주지원 2019.10.23 2019고단425

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for a term of one year and three 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

On December 11, 2007, the Defendant was issued a summary order of 3.5 million won of a fine due to a violation of the Road Traffic Act, etc. in Daegu District Court and racing support, and a summary order of 3 million won of a fine by the same court on July 15, 201, respectively.

【Criminal Facts】

1. On June 1, 2018, at around 17:35, the Defendant driven the said vehicle while under the influence of alcohol of about 0.304% of the blood alcohol content from the section of approximately 200 meters from the street in front of the indoor gymnasium in the Yellow-dong of Sejong-si to the front road of the youth training center in the Yellow-si.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the Road Traffic Act prohibition provisions.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which has not been mandatory insurance;

The Defendant operated the car without purchasing mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Mandatory insurance policy;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous convictions in judgment: Criminal and investigation experience data inquiry and application of Acts and subordinate statutes to investigation reports (verification of the same kind of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Selection of penalty: Selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act appears to be against the defendant, and the defendant's age, character and conduct, environment, family relationship, and crime.