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(영문) 대구지방법원 2017.01.19 2016고단5632
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On July 14, 2016, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving) on the road in front of the original city located in Seo-gu, Daegu, Seo-gu, Daegu, the Defendant driven a 124CC 124 Obaba in the state of under the influence of alcohol with approximately 500 meters alcohol concentration of 0.12% while under the influence of alcohol without obtaining a bicycle driver’s license, from the road in front of the original city located in Seo-gu, Seo-gu, Daegu to the front of the autonomous city located in Seo-gu, Daegu.

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 owned 124CC 124CC, which was not covered by mandatory insurance, and operated the above urine at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Notification of detection of owners of unregistered soil contamination;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking alcohol), Article 154 subparagraph 2, Article 43 (the point of driving without a license) of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 (the point of operating a motor vehicle with no mandatory insurance) of the relevant Act on the grounds of criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the number of times and time when the defendant was punished for the same kind of crime, the number of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the various reasons for sentencing as shown in the argument of this case, such as the defendant's age

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