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(영문) 대구지방법원 김천지원 2013.04.05 2012고합312
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On June 10, 2010, the Defendant issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on July 10, 2010, and the summary order became final and conclusive on July 14, 2010. On August 8, 2012, the Defendant issued a summary order of KRW 6 million by the same court on August 8, 2012 and said summary order became final and conclusive on October 5, 2012.

On July 29, 2012, at around 16:40, the Defendant driven the CRavia car not covered by mandatory insurance without obtaining a driver's license for blood alcohol concentration of 0.276% in front of the village, which is in the majority of Kimcheon-si, Kimcheon-si.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the status of running a motor vehicle under consideration, and report on detection of the motor vehicle under consideration;

1. Details of disposition for cancellation of driver's license;

1. Mandatory insurance policies;

1. Previous records: Investigation of criminal records, report on the results of confirmation before the prosecution's disposition, and application of Acts and subordinate statutes to investigation reports (Attachment to judgments of the same kind of military records of the accused);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, and the main sentence of Article 46 (2) and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012 and enforced from August 23, 2012) concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment of concurrent crimes within the scope of adding up the maximum term of punishment for a violation of the Road Traffic Act with heavier penalty and the Guarantee of Automobile Accident Compensation Act);

1. Article 62(1) of the Criminal Act of the suspended execution is as follows.

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