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(영문) 대구지방법원 상주지원 2015.03.17 2015고단31
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On April 13, 2007, the Defendant was issued a fine of one million won for a violation of the Road Traffic Act (driving) in the resident support of the Daegu District Court. On August 28, 2008, the Defendant was sentenced to a fine of two hundred and five million won for a violation of the Road Traffic Act (driving) in the Dong branch of the Daegu District Court.

【Criminal Facts】

1. On October 20, 2014, at around 22:55, the Defendant driven a B-man car at the section of about 700 meters from the front side of the Cheongcheon-gu, Cheongcheon-gu, Chungcheongnamcheon-do to the front side of the Sejong-do, Cheongcheon-do, Cheongcheon-do, in the influence of alcohol content of 0.131%.

2. While anyone is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance, the Defendant operated the foregoing B B B car without mandatory insurance at the date and place specified in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Mandatory insurance policies;

1. Previous convictions of judgment: Criminal history records, a copy of the judgment (investigative records No. 64), a copy of the summary order (investigative records No. 66 pages), and application of Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 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, and the choice of imprisonment for each sentence;

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. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant has been sentenced to a suspended sentence or a fine three times or more due to driving without a license for the last five years, etc. In addition, the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime.

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