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(영문) 대구지방법원 상주지원 2017.05.23 2017고단98
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 history] On August 3, 2006, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court, and a summary order of KRW 3 million for the same crime in the resident support of the Daegu District Court on March 26, 2014.

[Criminal facts]

1. On March 14, 2017, the Defendant driving a C-wing truck with alcohol content of about 0.076% without a driver’s license in the section of about 1km from the Defendant’s home located in B at around 20:14 to the Cheongri Road located in the public corner of the same side of the same side, while under the influence of alcohol content of at least 0.076% without a driver’s license.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act driving a motor vehicle, which was not covered by mandatory insurance, at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Reporting on detection of suspected victims, such as violation of traffic laws on roads, reporting on the circumstances of drivers taking driving, inquiry into the results of crackdown on drinking driving, driving license ledger of motor vehicles, and making a tea inquiry;

1. Investigation report (No. 10 No. Serial of the evidence list);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Evidence List No. 14), and summary order of two Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. The maximum term punishment for each crime under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be imposed on any more severe violation of traffic laws (driving).

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