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(영문) 대구지방법원 김천지원 2018.06.27 2018고단382
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2008, the Defendant received a summary order of KRW 1 million from the Daegu District Court Kimcheon-cheon Branch on May 23, 2013, a fine of KRW 4 million from the ordinary military court of the Armed Forces on May 23, 2013, and a fine of KRW 6 million from the Daegu District Court Kimcheon-cheon Branch on June 2, 2016.

1. On March 29, 2018, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a driver’s license) driving a B body-man car from a section of about 70 meters from the road front of the CU convenience store in the Gu and Si/Gu, U.S., U.S., U.S., under the influence of 0.142% of alcohol during blood, without obtaining a driver’s license.

As a result, the Defendant, who violated the prohibition of drinking at least twice, driven a motor vehicle under the influence of alcohol in violation of the above provision, and simultaneously driven a motor vehicle without obtaining a driver's license.

2. The Defendant violated the Guarantee of Automobile Compensation Act, driving the first car on B, which was not covered by mandatory insurance, at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. An inquiry into the enemy and mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and the text of the judgment;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 152 (1), and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of penalty;

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