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(영문) 대구지방법원 2017.09.07 2017고단3729
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

On July 4, 2017, the Defendant, around 19:20, driving a Cheongyang-do Cheongyang-do Cheongyang-do 79-11 on the roads in front of the Cheongyang-do Cheongyang-do Cheongyang-do Cheongyang-do Cheongsan Hospital, the Defendant, at around 19:45 on the 19:45 day, driven a vehicle with approximately 14km alcohol concentration not covered by mandatory insurance without obtaining a driver’s license in the section of approximately 14km in front of the Cheongsan-do Cheongsan-do Cheongsan-do Cheongsan-do Cheongnam-do Cheongsan-do Cheongsan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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 Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating a motor vehicle which is not mandatory insurance);

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 grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished three times by a fine for the same kind of crime (the driving of drinking in 2004, the driving of drinking in 2011, and the driving without the license in 2012), and the concentration of alcohol in blood at the time of driving of drinking in this case, and other factors indicated in the argument in this case, such as the defendant's age, sex and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as the sentence as ordered.

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