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(영문) 대구지방법원김천지원 2020.11.25 2020고단798

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On June 19, 2013, the Defendant was issued a summary order of 1.5 million won by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. On March 13, 2020, the Defendant, at around 00:05, driven B 5 vehicles under the influence of alcohol with a blood alcohol concentration of 0.109% from the section of about 4km from the 4km-dong, In-si, In-si, In-si, In-si, In-si, Gu, Si, to the Gu, Si, Si, and Gu, Si, Gu. In addition, the Defendant was under the influence of alcohol.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

2. The owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall not operate an automobile on the road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the above automobile which was not covered by mandatory insurance in the above section, such as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of drinking drivers, and inquiry into the results of the control of drinking driving;

1. The actual survey report and on-site photographs;

1. Mandatory insurance policies;

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

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's blood alcohol concentration, driving distance, driving circumstances, the defendant's status at the time of driving, and the record of punishment of the defendant, and all of the sentencing conditions shown in the records and arguments at the time of the crime of this case.