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(영문) 대구지방법원 김천지원 2018.02.27 2017고단1364
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 24, 2015, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon, and a summary order of KRW 4 million for the same crime in the same court on May 23, 2016, respectively.

[Criminal facts] "2017 Highest 1364"

1. On August 27, 2017, the Defendant, at around 02:50, driven a C rocketing car with approximately 600 meters alcohol concentration of 0.119% in the section of 600 meters from the knive line restaurant in the seat of the Dolung-gun, the Dolung-gun, the Gyeongbuk-gun, to the Dol-ri distance of the Dolung-ri located in the same Eup.

Accordingly, although the defendant had been punished more than twice as a crime of violating the Road Traffic Act, he once again driven a motor vehicle while under the influence of alcohol.

2. The Defendant violated the Guarantee of Automobile Compensation Act operated a passenger car as stated in paragraph 1, which was not covered by mandatory insurance, at the time and place specified in paragraph 1.

"2017 Highest 1849"

3. On November 28, 2017, the Defendant was driving a DNA cargo vehicle without obtaining a driver’s license from the front side of the Masung-si, the outer Masung-si, the Masung-si, the Masung-si, the front side of the Masung-si, the front side of the Masung-si, and the front side of the Simyeong-si, the 35km away from the Masung-si, the front side of the Masung-si, the Masan-

Summary of Evidence

"2017 Highest 1364"

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, the previous convictions on each disposition, and each summary order "2017 Heights 1849";

1. Statement by the defendant in court;

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

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (referred to as drinking) concerning facts constituting an offense; Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act; Article 152 subparag. 1 and Article 152 of the Road Traffic Act.

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