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(영문) 대구지방법원 2019.10.31 2019고단4602
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 4, 2010, the Defendant was sentenced to a suspended sentence of two years for the six-month imprisonment with prison labor for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch, and two-year imprisonment with prison labor for the same crime in the same court on August 9, 2017, respectively.

1. On July 5, 2019, the Defendant had been in violation of the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) at least once. However, the Defendant driven a motor vehicle driver’s license without obtaining a license number plate at a level of about 30 meters from the 30-meter radius from the J convenience store located in the Gambro-gun, Gambro on July 5, 2019 to the K Studio parking lot without obtaining a license license for a motor vehicle driver’s license while under the influence of alcohol level of about 0.158%.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of 50cc Oral Ba, without a number plate.

No owner of an automobile shall operate any automobile on the road which is not covered by mandatory insurance.

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Reports on internal investigation (field photographs), photographs;

1. Registers of driver's licenses;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes on the investigation report (same type of crime records);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, 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 concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

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

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation and the age, occupation, character and conduct, family relationship, and other crimes of the accused.

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