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(영문) 대구지방법원 2019.08.13 2019고단2564
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

[criminal power] On January 13, 2010, the Defendant was issued a summary order of KRW 500,000,000 by the Daegu District Court as a fine for a violation of the Road Traffic Act (driving). On March 13, 2015, the same court issued a fine of KRW 1 million as the same crime, and on October 30, 2015, by the same court, a fine of KRW 2 million as the same crime.

1. On November 15, 2019, the Defendant driving a e-Korean 125CC-wheeled Vehicle without obtaining a driver’s license in a state of alcohol level of approximately 0.15% from a section of about 700 meters from the front of Daegu Jung-gu B to the front of the “D” located in the same Gu C, at around 15:22, around November 2019.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving again and driving without a license.

2. A holder of an automobile violating the Guarantee of Automobile Accident Compensation Act shall not drive an automobile which has not been subscribed to mandatory insurance;

Nevertheless, the Defendant operated E- Ma-Mad 125CC vehicles, which did not purchase mandatory insurance at the time and place mentioned in paragraph (1) above.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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