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(영문) 대구지방법원 경주지원 2017.09.27 2017고단408
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

[criminal history] On December 29, 2010, the Defendant was sentenced to a fine of KRW 1 million due to a violation of road traffic law in the Daegu District Court racing support, etc., and on October 21, 2013, a fine of KRW 3 million due to a crime of violation of road traffic law in the above support.

[Criminal facts]

1. The Defendant, who violated the Road Traffic Act and the Road Traffic Act (driving without a license) had been punished twice or more as above, was driving at a time without a license for a motor device bicycle on July 11, 2017, 3:0 0.149% of alcohol concentration in the blood on the front of the road located in the racing-si B at around 20:40 on July 11, 2017.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act driven an e.g., e., e., e., no mandatory insurance without any number plate at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving, circumstantial statement, driver's license register, and inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of failing to purchase mandatory insurance);

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

1. Selection of each sentence of imprisonment;

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. Articles 53 and 55 (1) 3 of the Criminal Act (abstinence of the defendant and his/her intention not to repeat the crime) of the mitigated amount;

The fact that there is no power exceeding the fine due to drinking or unlicensed driving, and the same power also has been punished while driving a motor device, etc.

1. Article 62(1) of the Criminal Act (the reason for the reduction of the amount of punishment has been repeated);

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