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(영문) 대구지방법원 2015.01.15 2014고단5153
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

1. On December 11, 2008, the Defendant was sentenced to a summary order of a fine of four million won for a violation of the Road Traffic Act and a violation of the Road Traffic Act at the Daegu District Court on December 11, 2008. On May 12, 2009, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act.

On September 19, 2014, at around 20:50, the Defendant driven Bhnet car while under the influence of alcohol by 0.123% without obtaining a driver’s license for about 5 KK portion from the front day of the Triju-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which has not been subscribed for mandatory insurance;

Nevertheless, the defendant operated the BD car which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. The General of Driver's Licenses (A);

1. Mandatory insurance policies;

1. Previous records: Application of investigation reports (report attached to the judgment of the same kind of power and other relevant Acts and subordinate statutes);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act is that the defendant was punished several times for drinking driving, and a license is granted.

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