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(영문) 대구지방법원 포항지원 2018.09.05 2018고단685
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 22, 2018, the Defendant was sentenced to a suspended sentence of two years for ten months, due to a violation of road traffic law (drinking) at the Daegu District Court on March 22, 2018, and the judgment became final and conclusive on March 30, 2018.

In addition, on November 5, 2015, the defendant was issued a summary order of a fine of three million won due to a violation of road traffic law (drinking) in the Daegu District Court Port Support on November 5, 201, and on August 16, 201, the same court issued a summary order of a fine of seven million won due to a violation of road traffic law (drinking) in the same court.

[Criminal facts]

1. On October 16, 2017, the Defendant was under the influence of alcohol at least 0.153% of alcohol while driving a motor vehicle on at least two occasions, despite the fact that he/she had the history of driving a motor vehicle on at least two occasions, he/she driven a Bschton motor vehicle at the section of about 1 km up to the road located in the same Eup principle in the vicinity of the Marine Corps Seocheon-gu, Yongcheon-gu, Ocheon-gu, Yongcheon-gu, in the state of alcohol concentration at least 0.153% of alcohol concentration in blood.

2. The defendant in violation of the Guarantee of Automobile Compensation for Damages shall not operate a motor vehicle on the road as a person holding the above Bsch Rexrothton motor vehicle, and a motor vehicle which is not covered by mandatory insurance.

Nevertheless, the defendant operated the car without mandatory insurance at the same time and place as that of the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Inquiry into information on non-performance of mandatory insurance;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the judgment of the same kind of force, etc.);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of failing to purchase mandatory insurance);

1.Article 40 of the Criminal Code of Trade and Trade.

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