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(영문) 대구지방법원 김천지원 2018.03.15 2017고단1550
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 30, 2014, the Defendant was sentenced to four months of imprisonment with prison labor for an indecent act committed by the Daegu District Court on August 26, 2015, and the execution of the sentence was terminated on August 26, 2015. On July 4, 2006, the Seoul Central District Court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking), and on February 11, 2010, issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking) at the Seoul Northern District Court on February 11, 2010. On July 17, 2013, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for six months for a crime of violating the Road Traffic Act (drinking) at the Daegu District Court Kimcheon Branch Branch on July 17,

1. Around September 20, 2017, the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking). However, on September 20, 2017, the Defendant driven a 50cc camb, without registration, while under the influence of alcohol content of 0.118% from the 1km section to the right road in front of the road of Kimcheon-si, Kimcheon-si, the Mapo-si, Kimcheon-si, Kimcheon-si, the Mapo-si, Kimcheon-si, the Mapo-si, Kimcheon-si, Kimcheon-si, Kimcheon-si.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, at the same time and place as paragraph 1, did not subscribe to mandatory insurance and operated 50cc Oral c obs.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement report on the circumstances of a driver driving a drinking, inquiry of the results of crackdown on drinking driving, and a survey report on actual condition;

1. Results of inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of the same record as repeated crime, and the same record), judgment, personal confinement status, and summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 48-2 (1) 2 of the relevant Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 of the relevant Act (the point of operation by which the mandatory insurance is not mandatory)

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. In addition to the records of the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the amount of reduction shall also be reduced.

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