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(영문) 대구지방법원 경주지원 2020.01.22 2019고단621
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 28, 2008, the Defendant was issued a summary order of 2.5 million won or more as a fine for a violation of the Road Traffic Act in the Daegu District Court and racing support.

1. Around 00:20 on November 1, 2019, the Defendant driven a DNA Ⅱ truck with a blood alcohol content of about 0.122% from the 6km section from the front of a bridge, which is equipped with a document box located in a archari in the archa city, on the front of the bridge to the front road located in the c in the race-si, the Defendant driven a DNA Ⅱ truck with a blood alcohol content of about 0.12%.

As a result, the defendant was a person with the history of violating the Road Traffic Act's prohibition of drinking driving, driving a motor vehicle under the influence of alcohol again in violation of the above prohibition of drinking driving.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a DPoter II cargo vehicle.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the foregoing cargo vehicle without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. The credit bureau and the mandatory insurance association;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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

1. Selection of penalty: Selection of imprisonment with prison labor;

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. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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