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(영문) 대구지방법원 포항지원 2020.01.22 2019고단1444
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

[criminal power] On May 1, 2012, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court on May 1, 2012 on two occasions in addition to the issuance of a summary order of a fine of three million won.

【Criminal Facts】

1. Around 18:50 on August 27, 2019, the Defendant driven a 49c motor bicycle with no license plate in a state of alcohol alcohol concentration of 0.171% while under the influence of alcohol without obtaining a motorcycle driver’s license from the section of approximately 350 meters in front of the south-gu House B at port to the same front road of the same Gu at port.

Accordingly, the defendant has driven a motorcycle without a motorcycle driver's license in violation of the prohibition of drinking driving regulations more than twice.

2. He shall not operate any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act;

Nevertheless, the defendant operated the above motorcycle which was not covered by mandatory insurance at the time and place under Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Notification of detection of non-reported motorcycles;

1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes on the same military records of the suspect;

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 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades under Articles 40 and 50 of the Road Traffic Act and those under the Road Traffic Act);

1. Selection of each sentence of imprisonment;

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

1. Article 53 of the Criminal Act for discretionary mitigation

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