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(영문) 대구지방법원 영덕지원 2018.06.20 2018고단33
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 15, 2015, the Defendant was sentenced to imprisonment for four months for a violation of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc. in the Young-gu District Court Young-gu District Court’s Yeongdeungpo Branch, and completed the execution of the sentence in the Port Prison on November 13, 2015.

1. On February 19, 2018, the Defendant driven Franb while under the influence of alcohol with approximately 200 meters alcohol concentration of 0.106% while under the influence of alcohol without a motor device bicycle license, from the Defendant’s house located in the North Northwest-gun C around the border of around 21:20 on February 19, 2018 to the front road of the “E” located in D.

2. He/she shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance, such as the date, time, place, etc. mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge) and internal investigation report;

1. Statement report on the circumstances of a driver driving a drinking, notification on the results of regulating the driving of drinking, report on the situation of driving a drinking, driver's license register, inquiry into the vehicle register, and mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, each investigation report (report on confirmation of the past record of the same kind, and reporting on the fact of crime during the period of repeated crime);

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile which is not mandatory insurance);

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. Article 35 of the Criminal Act for aggravated repeated crimes.

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