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(영문) 대구지방법원 2016.07.07 2016고단2306
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On October 1, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), on April 2, 2015, a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court’s Jinju branch, and on September 2, 2015, a summary order of KRW 4 million was issued for a crime of violating the Road Traffic Act (drinking driving). On September 2, 2015, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court’s Jin branch.

[Criminal facts]

1. On March 26, 2016, the Defendant driving a rocketing motor vehicle without obtaining a driver’s license in the section of approximately 3 km from the Do ahead of the mutual influence of the trade name, which is located in the Northwest-dong in Yangsan-si, Yangsan-si, in the condition of under the influence of alcohol at around 02:40 on March 26, 2016.

2. Although the Defendant was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant operated a motor vehicle of Category B, which was not covered by mandatory insurance at a section of about 3 km from March 26, 2016 to the road in front of the Do in the north-dong in Yangsan-si, Yangsan-si.

3. The Defendant in violation of the Road Traffic Act is a person who is engaged in the operation of B rocketing motor vehicles.

On March 26, 2016, the Defendant driven the above vehicle at a speed of about 30 km in speed, depending on one lane among the two-lane roads in latitude, which are located in Yangsan-si, Yangsan-si. In order to drive the above vehicle at a speed of about 30 km in speed, from the side of the intersection to the south side of the intersection distance.

At that time, there is a victim C's rocketing taxi in the same direction as the Defendant, which is running along the two lanes in the same direction as the Defendant, and thus, the person engaged in driving service is well aware of the front and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the operation of the operation system is accurately operated.

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