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(영문) 대구지방법원 2017.06.08 2017고단531
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 27, 2016, the Defendant, while under the influence of alcohol by 0.101% in blood without a vehicle driver’s license, driven a driver’s license with approximately 3 km with B gallon in front of the Geumcheon-si, Geumcheon-gu, Geumcheon-gu, Geumyang-si, the Calgalloned a vehicle in front of the Kgalggal on the roads in front of the Kgalgal Center of the Geumcheon-gu, Geumcheon-si, the Cgalgalian at the speed of around 19:50.

2. Although the owner of an automobile violating the Guarantee of Automobile Compensation Act is prohibited from operating a vehicle on the road which was not mandatory insurance, the Defendant operated the vehicle with a gallon that was not mandatory insurance at the time and place specified in the foregoing 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 152 subparagraph 1, and Article 43 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture when the defendant drives a vehicle under mandatory insurance without a license, the fact that the defendant was punished by a fine for driving under drinking in 2005, and the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined by considering the various reasons for sentencing specified in the argument of the case, including the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime

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