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(영문) 대구지방법원 경주지원 2017.12.20 2017고단770
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 August 30, 2006, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating road traffic law in the Daegu District Court Kimcheon Branch of the Daegu District Court. On May 21, 2012, the Defendant was sentenced to a summary order of KRW 4 million for the same crime in the Gwangju District Court's net support on May 21, 2012, and on October 22, 2015, the said judgment became final and conclusive on the 30th of the same month after being sentenced to a stay of execution for six months for the same crime.

[Criminal facts]

1. On September 11, 2017, the Defendant operated GNEW chip XG car in a state of alcohol alcohol concentration of about 0.148% without obtaining a driver’s license from around the front of the Defendant’s house located in 09:14 on the racing-si, from around 500 meters before the front of the Defendant’s house located in 09:14 on the racing-si, to the front of the F. in the racing-si, while under the influence of alcohol concentration of 0.148%.

As a result, the Defendant, who violated the prohibition on drinking under the Road Traffic Act not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the prohibition on driving under the above alcohol.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of GNEW franchise XG car as stated in paragraph 1.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, report on the situation of the driver who is placed in driving, investigation report (report on the situation of the driver who is placed in driving), register of driver's license, inquiry into mandatory insurance and mandatory insurance;

1. Previous convictions: Application of inquiry statements, such as criminal history, and investigation reports (verification of facts under probation period);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving).

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