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(영문) 대구지방법원 영덕지원 2018.06.08 2017고단184
도로교통법위반(음주운전)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

On January 7, 2010, the Defendant received a summary order of KRW 1,500,000,000 from the Daegu District Court (Seoul District Court) to a fine for violating the Road Traffic Act due to a violation of the Road Traffic Act. On October 19, 2016, the Defendant received a summary order of KRW 4 million due to the same crime in the same court.

1. On March 27, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drawing without a license) on the part of the Defendant: (a) 110cc Mastoma without a license for a motor device under the influence of alcohol level 0.121% of alcohol level in front of a water bath site, after being arranged after the death and change of the North Korean-North Korean-west Sloping-gun on the 15:55 on March 27, 2017.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act operated 110cc Ma, without any number plate that was not covered by mandatory insurance, at the time, and at the place specified in paragraph 1.

Summary of Evidence

1. Statement of the defendant in the fourth public trial record;

1. A report on internal investigation (Obiopio photographs);

1. Report on the circumstances of driving on a vehicle, report on the results of regulating the driving of alcohol, report on the circumstances of the driver on a vehicle driving, and inquiry into the ledger of driver's licenses and mandatory insurance

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to inquiries, such as investigation reports (verification of such past records), criminal history, etc.;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes by concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the sum of the long-term punishments of the above two crimes];

1. Article 53 of the Criminal Act for mitigation of amount;

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