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(영문) 대구지방법원 2017.09.14 2017고단3840
도로교통법위반(무면허운전)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court on October 9, 2007, issued a summary order of a fine of three million won on the grounds of a violation of road traffic law (drinking driving), and on December 31, 2012, the Defendant received a summary order of two million won or more for the same offense, etc. at the same court, and received two or more times a summary order of a fine of two million won or more.

1. On July 4, 2017, the Defendant was under the influence of alcohol by 0.110% in blood without obtaining a bicycle driver’s license for a motor device at around 22:02 on July 4, 2017, and the Defendant driving a c e-mail in a section of about 500 meters from the front day of a restaurant in the Peace Market located in Daegu-gu New Cancer-dong to the 38-1st day of the same new cancer to the same 38-1st day.

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate a motor motor bicycle that is not covered by mandatory insurance on a road;

The Defendant, without purchasing mandatory insurance at the date, time, and place specified in paragraph 1, operated Obain as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of a suspect in violation of traffic laws (driving or non-licenseing) on roads;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes of one copy of a reply to inquiry, such as criminal history, report of investigation (Attachment to a summary order, etc. of the same type of crime), summary order, etc.;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Compensation, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment for a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act and a violation of the Road Traffic Act, and a punishment for a violation of the Road Traffic Act, of which punishment is heavier);

1. Selection of penalty:

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