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(영문) 대구지방법원 2014.10.07 2014고단3785
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 23, 2014, at around 01:15, the Defendant: (a) driven a C rocketing car under the influence of alcohol content of about KRW 0.083% at a section of about 700 meters from the day before the mutual influent restaurant located in the direction of the Daegu-dong department, Daegu-gu. to the front day of the Daegu-dong department.

2. The Defendant of the Guarantee of Automobile Accident Compensation Act shall not operate any motor vehicle as a holder of Crocketing motor vehicle, which is not covered by mandatory insurance;

Nevertheless, at around 15:21 on May 24, 2010, the Defendant operated the said car without mandatory insurance from the middle distance located in the Yongsan-gu, Daegu-gu, Daegu-gu, to the Dong-gu, Daegu-gu, Daegu-gu, and operated the said car without mandatory insurance from March 23, 2014 to the dong-gu, Daegu-gu, Daegu-gu, which was located in the mutual in the Yongsan-gu, Daegu-gu, Daegu-gu, Daegu-gu, Daegu-gu.

Accordingly, the Defendant, as a motor vehicle owner, operated a motor vehicle not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol concentration;

1. On-going reports on drivers, and on the results of the control of drinking driving;

1. Mandatory insurance policies;

1. An integrated output;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to copies of mandatory insurance);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating vehicles not covered by mandatory insurance), and each choice of imprisonment with prison labor;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant is a person who has been punished three times by a fine due to drinking driving, and the responsibility for such crime is not less exceptionally, but the defendant's error is that.

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