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(영문) 대구지방법원포항지원 2020.10.15 2020고단1138
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 30, 2015, the Defendant was issued a summary order of KRW 7 million for the crime of violating the Road Traffic Act (driving) at the port of the Daegu District Court.

【Criminal Facts】

1. At around 10:45 on July 23, 2020, the Defendant driven a two-wheeled vehicle without obtaining a driver’s license under the influence of alcohol level of about 0.19% from a section of about 300 meters from a section of alcohol level to a DNA in the same Gu C from the south-gu Belel road at port to the front road of the Gu.

As a result, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice, and simultaneously drives a motorcycle without a driver's license.

2. No owner of an automobile violating the Guarantee of Automobile Accident Compensation Act or a person who is entitled to use an automobile, and operates an automobile for himself, shall operate the automobile on the road which is not mandatory insurance;

The Defendant driving a two-wheeled automobile owned by the Defendant, which was not covered by mandatory insurance at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report in the written statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses and mandatory insurance (38 pages of investigation records);

1. Each photograph;

1. Previous convictions: Application of criminal records and summary order Acts and subordinate statutes;

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

1. Crimes of violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (Mutually between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

1. Imprisonment with prison labor chosen;

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