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(영문) 대구지방법원 2014.06.12 2014고단1917
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 10, 2009, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, from the Seogu District Court’s Branch Branch on August 10, 2009. On December 24, 2012, the Defendant received a summary order of KRW 4 million as a fine for the same crime from the Daegu District Court.

1. On March 8, 2014, the Defendant driven BB BB 100cc under the influence of alcohol concentration of 0.115% without obtaining a motorcycle driver’s license from the roads of the Daegu Central High School, Daegu Central High School, Daegu, 496, Gacheon-ro 119, Nam-gu, Daegu, Nam-gu, 2014, around 23:30, 2014, while under the influence of alcohol content of 0.115% without obtaining a motorcycle driver’s license.

2. No automobile which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated B B B B B B B B BV which was not covered by mandatory insurance at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime again even though he was punished twice due to drinking.

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