logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.04.21 2015고단6062
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 5, 2010, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court, and on September 12, 2013, the Defendant was sentenced to a fine of seven million won for a crime of violating the Road Traffic Act (drinking driving), etc. at the same court on September 12, 2013. On April 24, 2014, the same court was sentenced to a suspended sentence of two years for a period of ten months due to a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving). The judgment became final and conclusive on May 2, 2014.

[Criminal facts]

1. On December 2, 2013, the Defendant: (a) driven a ESF La LPG car without obtaining a driver’s license from around 13 km section from the front of the Defendant’s house located in the Cheongdo-gun, North Cheongdo-gun; (b) around 16:45, the Defendant driven a ESG car without obtaining a driver’s license from around 13 km section.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant driven an ESG car that is not covered by mandatory insurance at the time and place specified in the above paragraph 1.

Accordingly, the defendant, as the owner of a motor vehicle, operated a motor vehicle not covered by mandatory insurance.

3. On December 2, 2013, the Defendant: (a) driven a EF rocketing LPG car under the influence of alcohol leveling 0.106% of 0.106% of alcohol level in D marina parking lots located in the Cheongdo-gun, Cheongdo-gun, North Cheongdo-do; (b) around December 19:10, 2013.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of drivers engaged in driving, register of drivers' licenses, and mandatory insurance;

1. Previous convictions in judgment: Application of a written reply to criminal history, investigation report (the confirmation of the same final judgment)-related Acts and subordinate statutes;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 of the same Act concerning facts constituting an offense.

arrow