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(영문) 대구지방법원 포항지원 2017.08.10 2017고단692
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment 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] On July 15, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law (drinking) at the port branch of the Daegu District Court on July 15, 2010, and a summary order of KRW 4 million for the same crime at the same court on January 2, 2013.

[Criminal facts]

1. On May 16, 2017, the Defendant: (a) driven a B-to-be under the influence of alcohol content of about 0.310% in alcohol while under the influence of alcohol, without obtaining a motor device license from approximately 2km section of approximately 0.310% in the south-gu east-gu, Chungcheongnam-gu; (b) from the front side of the beach of the Do-gu, Do-gu, Do-dong, south-gu, Do-gu, Do-dong; and (c) around 17:5 on May 16, 2017, the Defendant driven the B-to-be under the influence of alcohol content of the blood.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated Bato B, which was not covered by mandatory insurance, at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of inquiry, investigation reports (formers and confirmations)-related Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a motor vehicle which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant's mistake was divided and does not repeat again; (b) the family members of the defendant supporting the defendant; and (c) the defendant's age, environment, and sexual behavior, etc. are shown in the arguments of this case.

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