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(영문) 대구지방법원 2018.11.08 2018고단3801
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 20, 2017, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Changwon District Court, and on October 25, 2018, with respect to drinking driving, etc. committed on May 2, 2018 at the Seo branch of the Daegu District Court, which was sentenced on May 2, 2018, the Defendant was sentenced to the suspension of the execution for six months on November 2, 2018, and the judgment became final and conclusive on November 2, 2018.

1. On July 1, 2018, the Defendant was driving a 50-year lopped lopped in a 300-meter section without a motor bicycle driver’s license, on the road from the front side of the alley-gu Seoul metropolitan area multiplied by a luxular wave, Daegu-gu, Seoul-gu, to the front side of the two parks at approximately 72:30 meters in front of the “Seoul-gu, Seoul”, while under the influence of alcohol leveling about 0.139% in the middle of the 300-meter road. The Defendant driven a lopped in a lopped road without a motor device without a license.

As a result, the defendant violated the prohibition of driving under the influence of alcohol not less than twice, and once again drives a motor bicycle without a motor device bicycle driver's license under the influence of alcohol.

2. Despite the fact that the Defendant was prohibited from operating a motor vehicle on a road without mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant operated the said motor vehicle on the date and time and place specified in paragraph 1, which was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. A survey report on actual conditions;

1. The driver's license ledger (A);

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

1. Investigation report (report on the situation of the driver in charge); and

1. Written inquiry about criminal history, etc.;

1. Application of each of the Acts and subordinate statutes to the investigation report (a confirmation during the same kind of criminal suspect's history and pending trial), the relevant summary order, the indictment, and the search of cases in the Supreme Court B;

1. Articles 148-2(1)1, 44(1)2, and 43 (unlicensed Driving) of the Road Traffic Act concerning facts constituting an offense, Article 48-2(1)2, Article 154 Subparag. 2, and Article 43 (Unlicensed Driving) of the Road Traffic Act, Article 46(2)2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (un mandatory insurance).

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