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(영문) 대구지방법원 김천지원 2018.03.29 2017고단1485
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 May 7, 2012, the Defendant was punished by a fine of three million won due to a violation of the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon Branch on May 7, 2012, the same court on August 22, 2013, which was punished by a fine of five million won due to a violation of the Road Traffic Act (drinking driving), or a violation of the Road Traffic Act (drinking driving) in the same court on November 26, 2014.

1. On September 12, 2017, the Defendant driven a bicycle driver’s license without obtaining a motor device driver’s license under the influence of about 0.076% of alcohol in blood at a section of about 7km from the 0.07k alcohol level to the 0.076% distance in front of the Defendant’s house located in Kimcheon-si, Kimcheon-si, on the road in front of the Defendant’s house located in Kimcheon-si. In addition, on September 12, 2017.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated an erroneous land as provided in paragraph (1) that was not covered by mandatory insurance at the time, place, etc. set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement, investigation report, inquiry of the results of crackdown on the driver in charge of the primary driving, investigation report, and investigation report (the numerical value of the measurement of drinking alcohol concentration divers calculated in the minimum blood);

1. Indicating the ledger of driver's licenses, details of cancellation of driver's licenses, and mandatory insurance;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, each disposition, previous convictions, each summary order, and application of the text of the judgment;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 154 subparagraph 2, and Article 43 (the point of licenseless driving) of the Road Traffic Act concerning criminal facts, Article 48-2 (1) 2, and the main sentence of Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

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

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The records of the crime of the same kind and the numerical value of alcohol concentration in blood for the reason of sentencing Article 62-2 of the Criminal Act;

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