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(영문) 대구지방법원 경주지원 2017.10.26 2017고단445
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act in the port support of the Daegu District Court on March 3, 2008, and was sentenced to a fine of KRW 1 million for a crime of violating the Road Traffic Act (non-licenseed driving) in the same court on June 2, 2008, and was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) in the same court on January 16, 2012. On December 29, 2016, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving driving) in the same court on December 29, 2016, and was sentenced to a fine of KRW 5 million for a violation of the Guarantee of Automobile Compensation Act, and

[Criminal facts]

1. On July 14, 2017, the Defendant: (a) violated the Road Traffic Act (divated driving) and the Road Traffic Act (div-free driving) (divated driving) driving a B-related car under the influence of alcohol content of about 0.055% in alcohol without a driver’s license at the section of approximately 1km from the front of the cross-city bus terminal in the south-gu Seoul Metropolitan Government at the port of port to the front of the Korean T-dong Haak-dong at the port of the same day without a driver’s license.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle without purchasing a mandatory insurance policy;

Nevertheless, the Defendant operated B E-car without purchasing mandatory insurance at the time 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 of the circumstances of drivers working at the main office, investigation report, notification of the results of crackdown on drinking driving, ledger of driver's licenses for automobiles, inquiry of the results of crackdown on drinking driving, inquiry of the results of crackdown on drinking, details of revocation of driver's licenses, and inquiry of mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reports (Attachment to the previous rulings and related judgments);

1. Article 148-2(1)1, Article 44(1), Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning criminal facts; Article 46(2) of the Guarantee of Automobile Compensation Act

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