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(영문) 대구지방법원 2018.10.11 2018고단3485
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On January 11, 2008, the Defendant issued a summary order of KRW 2,50,000,000 for a fine for a violation of road traffic laws at the Daegu District Court on February 5, 2008 due to the same crime in the net support of the Gwangju District Court on February 5, 2008, a summary order of KRW 2,00,000 for a fine for the same crime, etc., and on March 30, 2018, the Defendant was sentenced to a fine of KRW 5 million for the same crime at the Daegu District Court on March 30, 201.

On June 26, 2018, while under the influence of alcohol 0.174% during blood transfusion, the Defendant driven CCA110 Oralbs at a distance of about 4 km from a distance of about 17km to a gold elementary school located in front of Youngcheon-si B with the head of the same Eup/Myeon, without obtaining a motor device driver's license.

2. He/she shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;

The Defendant operated CCA110 Oba, which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. To inquire into the driver's license ledger, chassis, and mandatory insurance;

1. Written inquiry about criminal history, etc.;

1. Application of each of the Acts and subordinate statutes in one copy of the investigation report (Attachment of the same type of judgment) and one copy of the judgment;

1. Relevant Article of the Act and the main sentence of Article 148-2 of the Road Traffic Act concerning the crime, Articles 148-2 (1) 1, 44 (1) (the point of drinking) and 154 subparagraph 2, and 43 (the point of driving without a license) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.

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