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(영문) 대구지방법원 2017.10.12 2017고단2510
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 18, 2008, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act, etc. at the Daegu District Court on the grounds of a violation of the Road Traffic Act, and on February 3, 2017, the Defendant violated the duty of prohibition of driving under the influence of alcohol two times or more by receiving a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) from the same court on February 3, 2017.

On April 11, 2017, the Defendant driven B Poter II cargo vehicles under the influence of alcohol content of about 0.134% without obtaining a driver’s license from a section of about 1km from a 82-lane to a 1-lane 1-lane in the same side of the Cheongsan-do, Chungcheongnam-do. to a cropins in the same side of the same side of the Donsan-do.

2. No automobile which is not covered by mandatory insurance provided for in the Guarantee of Automobile Compensation Guarantee Act shall be operated on the road;

The Defendant operated the cargo vehicles stated in the above Paragraph 1, which were not covered by mandatory insurance stipulated in the Guarantee of Automobile Damage Compensation Act at the location stated in the above Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers who take driving, inquiry into the results of crackdown on drinking driving, the ledger of drivers' licenses (19 pages of evidence), and inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment, and summary order, respectively;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act, and the punishment provided for a violation of the Road Traffic Act, of which punishment is heavier);

1. Selection of each sentence of imprisonment;

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