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(영문) 대구지방법원 김천지원 2015.02.12 2014고단1308
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On February 26, 2010, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) at the Ulsan District Court on February 26, 201, and a summary order of three million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court on January 24, 201, and a fine of three million won due to a violation of the Road Traffic Act (driving) was issued on January 24, 201, respectively. On December 26, 2012, the Defendant was sentenced to a suspended sentence of one-year imprisonment with prison labor for a violation of the Road Traffic Act (driving under the Cheongju District Court on December 26, 2012).

On July 30, 2014, at around 15:30, the Defendant driven a DNA cargo vehicle with a blood alcohol content of 0.142% while under the influence of alcohol without obtaining a driver's license from approximately 25 km section from the 15:30 minutes before Kimcheon-si to the front road of the lifelong village hall located in the Macheon-si, Kimcheon-si.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol without obtaining a driver's license.

2. The defendant in violation of the Guarantee of Automobile Accident Compensation Act shall not operate any automobile on the road which is not covered by mandatory insurance as the holder of a DPoter freight; and

Nevertheless, at around 15:30 on July 30, 2014, the Defendant operated the foregoing cargo vehicle that is not covered by mandatory insurance on the front road of the lifelong village hall located in the Gecheon-si, Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Reports on the occurrence of traffic accidents, reports on the actual state of a driver, field photographs, survey records on actual status, register of driver's licenses, and mandatory insurance;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order, etc. attached to the same type of crime records);

1. Relevant laws concerning criminal facts, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (a point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 152 of the Road Traffic Act;

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