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(영문) 대구지방법원 2016.07.21 2016고단2388
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On September 17, 2009, the Defendant was sentenced to a suspended sentence of 3 months in the Daegu District Court on August 2009 to the crimes of violation of the Road Traffic Act (drinking driving), violation of the Road Traffic Act (drinking driving without a license), and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (dangerousing Death or Injury). On January 31, 2013, the same court was sentenced to a suspended sentence of 4 months for a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving without a license) and was sentenced to a total of 6 times in total and eight times in total.

On February 5, 2015, the defendant was sentenced to six months by imprisonment with prison labor for a violation of road traffic laws (measures not to take measures after an accident) and a violation of road traffic laws in the same court, and the same year.

5. 19. The Daegu detention center terminated the enforcement of the above sentence.

[ 범죄사실] 피고인은 2016. 4. 7. 07:45 경 대구 북구 동북로 50길 14 협진 아파트 앞 도로에서부터 같은 동에 있는 타이 짬뽕 앞 도로에 이르기까지 약 200m 구간에서 자동차 운전면허를 받지 아니하고, 혈 중 알콜 농도 0.172% 의 술에 취한 상태로 의무보험에 가입되지 아니한 C 마르 샤 승용차를 운전하였다.

Summary of Evidence

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. The driver's license ledger (A);

1. Inquiry into mandatory insurance (C);

1. Previous conviction: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, report on investigation (verification of the same record as the suspect), summary order, sentence, text of judgment, etc., investigation report (verification of the criminal record of a suspect repeating a repeated crime), sentence, and number and confinement status of each individual;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, and Article 8 of the Guarantee of Automobile Compensation Act (the point of operation of a vehicle for which no liability insurance is provided);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor chosen;

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