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(영문) 대구지방법원 포항지원 2019.03.21 2019고단3
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be set forth in six months.

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

Reasons

Punishment of the crime

No person shall operate any motor vehicle on a road which is not covered by mandatory insurance for motor vehicles.

On November 10, 2018, around 06:25, the Defendant driven an E rocketing car not covered by mandatory insurance without obtaining a driver's license from the Do in front of the Southern-gu Port B to the south-gu Do road before the port of port from the Do prior to the port of port to D, and without obtaining a driver's license in the two km section, while under the influence of alcohol concentration of 0.120%.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on the circumstantial statements of a drinking driver, report on the results of crackdown on drinking driving, information inquiry into subscription to mandatory insurance, register of driver's licenses for motor vehicles, and making an inquiry into the vehicle;

1. Application of each statute on photographs;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, and a violation of the Road Traffic Act, of which punishment is heavier);

1. Selection of each sentence of imprisonment with prison labor (in consideration of the fact that there has been criminal records already been punished six times prior to the instant case due to driving without obtaining a license, etc.);

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Considering that the depth of a pond is divided, that the driving of this case does not cause any traffic accident, and that there is no criminal power sentenced to imprisonment with prison labor;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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