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(영문) 대구지방법원 포항지원 2020.01.09 2019고단1440
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 16, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Daegu District Court’s port branch on July 16, 2008, the summary order of KRW 5 million for the same crime in the same court on April 1, 2013, and the summary order of KRW 7 million for a crime of violation of the Road Traffic Act in the same court on June 17, 2013, respectively.

[Criminal Power] The Defendant is the owner of a motorcycle (the model name of the model: MaXE125, the chassis number: B) without a license plate.

1. Around 21:20 on October 21, 2019, the Defendant driven the above motorcycle while under the influence of alcohol by about 0.057% in a section of about 100 meters from a 100-meter radius to the road in front of the E-Poscline store in which the trade name in south-gu C at port cannot be known at port.

2. No motor vehicle owner shall operate any motor vehicle on which mandatory insurance is not subscribed.

Nevertheless, the Defendant driven the above motorcycle which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Each photograph;

1. Previous convictions: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of running a motor vehicle with no mandatory insurance), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 (the point of operating a motor vehicle with no mandatory insurance) (the point of running a motor vehicle) of the Act on Guarantee of Automobile Accident Compensation. Considering that there has been criminal records subject to punishment three times due to a fine for driving

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. In the instant case where discretionary mitigation reflects the mistake under Articles 53 and 55(1)3 of the Criminal Act.

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