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(영문) 대구지방법원 2014.10.07 2014고단4033
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

1. On July 2, 2014, at around 11:50 on July 2, 2014, the Defendant driven C Obaba under the influence of alcohol by 0.124% without obtaining a motorcycle driver’s license from the Do in front of a cafeteria located in the Tae-dong, Daegu Northern-gu, Daegu, to the ckm road in front of the arms pedal in the same Gu, from around 3km section of approximately 0.124 meters.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate an automobile 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 specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and circumstantial statement of an employer, of an employer;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to the mandatory insurance policy and information about non- mandatory insurance policy;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 154 subparagraph 2, and Article 43 of the Road Traffic 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 labor for a violation of the Road Traffic Act or the Guarantee of Automobile Accident Compensation Act;

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

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, who has been subject to punishment several times due to drunk driving or unlicensed driving, once again, was engaged in drinking without a license, and the liability for such crime is not easy. However, the defendant's mistake is divided and reflected, and the defendant's age, character and conduct, environment, circumstances after the crime, etc. are considered, and the punishment is determined as ordered by taking into account all kinds of sentencing conditions, such as the defendant's age

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