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(영문) 대구지방법원 상주지원 2013.11.19 2013고단363
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Power of a repeated crime which is the reason for each repeated crime] On May 29, 2012, the Defendant was sentenced to eight months of imprisonment for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Road Traffic Act (unlicensed Driving), Automobile Accident Compensation Guarantee Act, and Road Traffic Act (Regulatory Driving) and completed the execution of the sentence in Daegu Detention House on November 1, 2012.

【Criminal Facts】

1. Around 19:05 on August 17, 2013, the Defendant was driving a large-scale 88ccc or a two-wheeled vehicle under the influence of alcohol for about 0.117% under the influence of alcohol without obtaining a motorcycle driver’s license from the 7km section at the lower level of the lower level of the road located in the 1st century in front of the 19:05 Sim-si, Sim-si, in front of the same side of the road.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of the said two-wheeled automobile, operated the said two-wheeled automobile without purchasing mandatory insurance on the said two-wheeled automobile near the said two-wheeled automobile.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a host driver and a circumstantial statement;

1. Mandatory insurance policies;

1. Registers of driver's licenses;

1. Criminal records: A copy of the written judgment (67 pages of investigation records) and the application of Acts and subordinate statutes on the status of personal confinement and confinement;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of each imprisonment with prison labor, since the defendant, who was selected to be punished for a repeated crime due to the same crime, had already been punished for non-licensed driving, etc. in an uninsurance state, such as leading to the crime of this case, etc.

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The point that is a motorcycle other than a motor vehicle under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and the defendant.

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