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(영문) 대구지방법원 2016.04.21 2016고단635
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 11, 2008, the Defendant issued a summary order of KRW 2 million for a violation of road traffic law (drinking) at the Daegu District Court, and on March 7, 2014, a summary order of KRW 1.5 million for the same crime at the same court.

[Criminal facts]

1. On January 26, 2016, the Defendant driven Bone Star Co., Ltd. without obtaining a vehicle driver’s license in the section of about 6.32 km near Daegu-dong, Nam-gu, Daegu-gu, Daegu-gu, about 16.30 km on the same day from the apartment site of the water site located in 77 as the pande of Daegu-gu, Daegu-gu, Daegu-gu, Daegu-gu, and around 16.32 km.

2. On January 26, 2016, the Defendant: (a) driven the said maid while under the influence of alcohol content of 0.229%, without obtaining a driver’s license, at the section of approximately 5.4 km from the 20:24m of a motor vehicle to the front day of an elementary school located in the 12-ro of Daegu Nam-dong, Daegu-gu, Daegu-gu, Daegu-gu, on the same day; (b) on January 26, 2016, the Defendant driven the said maid while under the influence of alcohol content of 0.29%, without obtaining a driver’s license.

3. The Defendant in violation of the Guarantee of Automobile Compensation for Damages is a holder of Bone Star Co., Ltd.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the foregoing van which was not covered by mandatory insurance at the same time and place as paragraphs 1 and 2.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. A report on the detection of a primary driver;

1. A written appraisal of alcohol during blood;

1. To inquire into the ledger of driver's licenses, chassis, and mandatory insurance;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and the main sentence of Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance).

1. Trade name;

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