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(영문) 대구지방법원 영덕지원 2018.01.31 2017고단291
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 March 23, 2012, the Defendant received a summary order of KRW 4 million for a crime of violating road traffic law (drinking driving) from the Daegu District Court Young-gu District Court (Seoul District Court) on March 23, 2012, and a summary order of KRW 5 million for the same crime in the above court on May 25, 2012.

1. On November 17, 2017, the Defendant: (a) driven CM5 cars while under the influence of alcohol with approximately 300 meters alcohol content 0.15% in front of the head of the Ulsan-gun funeral hall located in the Ulsan-gun, Ulsan-gun; (b) from the front of the head of the Ulsan-gun funeral hall to the front of the convenience store of the head of the Eup located in the same Eup/Myeon; and (c) drive CM5 cars with alcohol content 0.15% in alcohol while under the influence of alcohol.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant operated the said SM5 car that was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

Before the Defendant’s written statement concerning D’s legal statement: (a) inquiry about the criminal history of the offense; (b) inquiry of a reply, such as a criminal history; (c) the relevant legal provision regarding the criminal fact covered by the Act and subordinate statutes; (d) Articles 148-2(1)1, 44(1)2, and 8 main sentence of the Guarantee of Automobile Compensation Act; (d) the driving of a vehicle without mandatory insurance; (e) reporting the results of the driving of a vehicle; (e) reporting the driver’s statement; (g) reporting the driver’s license; (g) checking the driver’s license ledger; (g) checking the insurance; and (g) reporting the personal history; and (g) reporting the police; and (v) reporting the police officer’s personal history; (g) reporting the police officer’s personal history); (g) the Defendant’s motive and degree of punishment at the time of concurrent crimes; (g) the Defendant’s provision of community service order and the following circumstances under Article 37, Article 38(1)2, and Article 53 of the Criminal Act.

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