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(영문) 대구지방법원 영덕지원 2018.07.06 2018고단18
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

On December 17, 2010, the Defendant received a summary order of KRW 2 million due to a violation of road traffic law (drinking driving), and a summary order of KRW 4 million due to the same crime in the same court on October 18, 2017, respectively.

1. On December 16, 2017, the Defendant driving a motor vehicle, who violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving) with no registration number plate, without obtaining a bicycle driver’s license from approximately 500 meters away from the front of the port fishing board of death in the front of the front of the death side of the death side of the Northwest-gun of the Northwest-do, and the front of the death side of the same surface to the front of the death side of the agricultural cooperative, the death side of which is 18 on the same surface, and without obtaining a bicycle driver’s license from approximately 50 meters away from the 500-meter section, while under the influence of alcohol with 0.175% of alcohol content during blood (hereinafter “the instant offland”).

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the instant offland which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Investigation report (report on the situation of the driver in charge), internal investigation report (no number plate of any A-wheeled vehicle shall be available);

1. Report on the circumstances of driving at drinking, report on the results of crackdown on driving at drinking, report on the circumstances of the driver at drinking, ledger of driver's license, inquiry into mandatory insurance, and report on the case processing of 112;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the previous history thereof) statute;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and 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. The crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes are crimes of violation of Road Traffic Act.

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