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(영문) 대구지방법원 상주지원 2015.01.20 2014고단623
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 5, 2007, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act in the Daegu District Court on September 5, 2007, and on October 25, 2013, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the resident support of the Daegu District Court on October 25, 201.

Criminal facts

On August 10, 2014, the Defendant: (a) was a person engaged in driving of BH car; (b) while driving the said car without obtaining a driver’s license on August 16, 2014 and without being covered by mandatory insurance at a level of 0.197% alcohol level, and driving it into a door-to-door convalescent hospital located in the same Eup/Myeon located in the door-to-door Eup/Myeon in the door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-face-to-face, the Defendant caused the victim C’s driver’s failure to perform his/her duty of care at the center and caused the damage to KRW 1,711,512, such as the replacement of the said car with the front driver’s vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on detection of a host driver (20 pages of investigation records);

1. Previouss before and after judgments: Criminal records, replys to criminal records, written judgments (round 87 pages of investigation records), summary orders (round 107 pages of investigation records) shall be applied;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of running a motor vehicle without mandatory insurance, the choice of imprisonment), subparagraph 1 of Article 152, Article 43 of the Road Traffic Act (the point of running a motor vehicle without a license), Article 151 of the Road Traffic Act (the point of causing property damage by negligence, the choice of imprisonment without prison labor), 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 (the point of operating a motor vehicle

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

1. Selection of sentence for violation of the Road Traffic Act, violation of the Road Traffic Act, violation of the Guarantee of Automobile Accident Compensation Act, and violation of the Guarantee of Automobile Accident Compensation Act, and selection of imprisonment without prison labor for the violation of the Road Traffic Act;

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