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(영문) 대구지방법원 2018.08.09 2018고단2648
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

1. The Defendant was sentenced to a fine of KRW 1.5 million on June 19, 200 to a fine of KRW 1.5 million on the grounds of a violation of road traffic law (driving), a fine of KRW 3 million on May 27, 2014 in the same court as the same crime, etc., and a fine of KRW 5 million on April 3, 2015 in the same court.

2. Criminal facts;

A. On May 14, 2018, the Defendant violated the Guarantee of Automobile Compensation Act, without having subscribed to mandatory insurance around 19:55, the Defendant operated approximately 1k’s chassis number B motor camera (125CC) at the center of the same Gu in front of the Ayang Village located in the Dong-dong, Daegu Northern-gu, Seoul, and the same Gu in front of the 606-1 SD apartment.

B. On May 14, 2018, the Defendant violated the Road Traffic Act (Drinking) and the Road Traffic Act (Dless Driving) (Dless Driving) operated a motor bicycle machine with approximately 1 km in the center of 606-1 SD apartment located in the Ayang-gu Eup/Myeon, Daegu-gu, under the influence of alcohol of 0.202% of alcohol during blood, without obtaining a bicycle license for a motor device driving around 19:55 on May 14, 2018 (125CC).

As a result, the defendant driving two or more times of drinking, driving a motor bicycle again while drunk, and driving a bicycle without obtaining a motor device bicycle license.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Investigation report (victim's statement, etc.);

1. Inquiry into the purchase of mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to previous rulings attached thereto);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operation without a mandatory insurance)

1. Commercial concurrence;

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