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(영문) 대구지방법원 2016.09.29 2016고단3128
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[2] On September 21, 2015, the Defendant issued a summary order of KRW 1,50,000,000 for fines due to a violation of the Road Traffic Act (driving), etc. on January 4, 2016 in the Seo-gu District Court Branch of the Daegu District Court (Seoul District Court). On January 4, 2016, the Defendant issued a summary order of KRW 7 million for fines due to a violation of the Road Traffic Act (driving) in the same court on January 4, 2016; and on February 29, 2016, the Defendant issued a summary order of KRW 2 million for fines due to a violation of the Road Traffic Act (driving).

[Criminal facts]

1. On June 13, 2016, the Defendant: (a) driven a C-to-purd vehicle under the influence of alcohol content of at least 0.101% of alcohol while under the influence of alcohol without obtaining a driver’s license from the front side of the Maart-dong, Daegu-gu, Daegu-gu, in which the trade name located in the Maddidong cannot be known; (b) around 22:50, Jun. 13, 2016, the Defendant driven a C-to-purd vehicle under the influence of alcohol content of at least 0.101%, without obtaining a driver’s license from the front side of

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not mandatory insurance;

Nevertheless, the Defendant operated a motor vehicle with soflurged C, which was not covered by mandatory insurance at the time and place specified in paragraph 1.

3. No foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the scope of his/her sojourn status and period of sojourn, and sojourn beyond the scope thereof.

Nevertheless, the Defendant entered the Republic of Korea on September 20, 201 as a non-professional employment visa (E-9-1) and stayed illegally in Daegu, etc. after the lapse of the period of stay on December 20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Inquiry into mandatory insurance;

1. The driver's license ledger;

1. Investigation report (verification of the fact of illegal stay of a suspect);

1. A protocol of seizure and a list of seizure;

1. Previous convictions: Foreign crimes and .

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