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(영문) 대구지방법원 2016.08.11 2016고단1611
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On February 16, 2011, the Defendant was sentenced to imprisonment with labor for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Daegu District Court, and completed the execution of the sentence at the Child Training Correctional Institution on March 31, 2013.

[Criminal facts]

1. On March 15, 2016, the Defendant driven CMW car under the influence of alcohol content of at least 0.255% in the section of approximately 400-50 meters from the direction of the children’s hall to the direction of the children’s hall in Daegu-gu, Daegu-gu, Daegu-gu, Daegu-gu, Daegu-gu, Daegu-gu. In light of the foregoing, the Defendant driven CMW car under the influence of alcohol content of at least 0.25% in blood.

2. The defendant in violation of the Guarantee of Automobile Compensation for Loss shall not operate a motor vehicle on the road which has a motor vehicle of CMW and is not covered by mandatory insurance;

Nevertheless, around 00:15 on March 15, 2016, the Defendant operated the said car not covered by mandatory insurance from the section of approximately 400-500 to the front distance of the Children's Center to the Daegu Suwon-gu, Daegu-gu, Daegu-gu, Daegu-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the statement of the state of self-driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 48-2 (2) 2 of the same Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 of the same Act (the point of operating a motor vehicle which is not mandatory insurance);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity - Unfavorable circumstances: The defendant's old history of punishment for driving under drinking is up to three times; the amount of alcohol concentration in blood at the time of driving under this case's drinking is very high; and the risk of driving under drinking is realized and causes traffic accidents.

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