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(영문) 대구지방법원 김천지원 2019.05.02 2018고단1396

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 August 25, 2006, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-do branch of the Daegu District Court on July 30, 2009, and was issued a summary order of KRW 5 million with a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Daegu District Court on July 30, 2009. On July 7, 2014, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-do branch of the Daegu District Court on July 7

Although the Defendant had been punished twice or more as above, on September 9, 2018, at around 20:54, the Defendant driven a e-coo vehicle under the influence of alcohol with approximately 2 km from the front of the B market in the Gu and the front road in the Gu and U.S.A.C. to the front road in the Gu and U.S.A.A., while under the influence of alcohol concentration of about 0.056%.

2. Any motor vehicle violating the Automobile Management Act shall be driven by the owner of the motor vehicle or any person entrusted with the operation, etc. of the motor vehicle;

The Defendant was not entrusted with the operation of a motor vehicle by F, the owner of the motor vehicle, but operated the E E-cub motor vehicle at the date and place specified in Paragraph 1.

3. The owner of a motor vehicle violating the Guarantee of Automobile Accident Compensation Act was prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance, but the defendant operated a e-cub motor vehicle without mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Inspection of the register of motor vehicles, motor vehicle register and motor vehicle register;

1. Mandatory insurance policies (as of September 9, 2018);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Articles 148-2(1)1 and 44 of the former Road Traffic Act (wholly amended by Act No. 15530, Mar. 27, 2018) regarding criminal facts.