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(영문) 대구지방법원경주지원 2020.10.29 2020고단281
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

[Criminal Power] On March 30, 2020, the Defendant was issued a summary order of KRW 9 million for the crime of violation of the Road Traffic Act in the Daegu District Court racing support.

【Criminal Facts】

1. Around 18:22 on April 18, 2020, the Defendant driven a DNA Ⅱ truck with a blood alcohol concentration of 0.174% without a vehicle driver’s license from a section of about 2 km from the front side of the 18:22 km-si on April 18, 2020 to the front road.

Accordingly, the defendant has driven a motor vehicle without obtaining a driver's license in the state of drinking in violation of the Road Traffic Act more than twice.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road where mandatory insurance is not subscribed;

Nevertheless, the Defendant, as a holder of DPoter II cargo vehicles, operated the said vehicle which was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to confirm the investigation of suspects;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is the background of the crime of this case.

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