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(영문) 대구지방법원 상주지원 2017.11.14 2017고단451
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2] On March 2, 2010, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Daegu District Court on March 2, 201, and a summary order of KRW 1.5 million for the same crime in the same court on November 28, 2014.

[Criminal facts]

1. On August 31, 2017, the Defendant: (a) operated a motor device bicycle license under the influence of alcohol content of 0.083% in alcohol while under the influence of alcohol; (b) on August 31, 2017, without obtaining a motor device license from a motor device license under the influence of alcohol level of 0.083%.

2. The Defendant is a person who violated the Guarantee of Automobile Compensation for Damages.

Despite the fact that a motor vehicle not covered by mandatory insurance is prohibited from being operated on the road, the defendant operated the above Oral ba which is not covered by mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Each investigation report (Nos. 5 and 9 in the list of evidence);

1. Report on the occurrence of a traffic accident, report on the circumstances of a driver driving, and report on the results of regulating drinking;

1. The driver's license ledger and the driver's license ledger;

1. Application of statutes on site photographs;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operation without a license)

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 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. The Criminal Act for mitigation of quantity;

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