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(영문) 대구지방법원 서부지원 2016.04.08 2015고단2125
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

On August 19, 2009, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving), and on June 17, 2014, the same court received a summary order of KRW 5 million as a fine for the same crime.

1. On December 12, 2015, the Defendant violated the Road Traffic Act (divated driving) and the Road Traffic Act (divated driving) (divated driving) driving on the front of the restaurant of a bridge located in the Daegu-gu Western-ro, Daegu-ro 2716, from around 20:40 to around 50 meters of alcohol level without obtaining a driver’s license from the front of the pharmacy, while under the influence of alcohol of about 0.208% of alcohol level during blood while under the influence of alcohol at around 0.208.

2. Although the Defendant was prohibited from operating a motor vehicle which was not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant operated the said motor vehicle at the time and place specified in the preceding paragraph without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Mandatory insurance certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), 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 Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating an automobile which is not mandatory insurance);

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

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that there is a record of being sentenced to three times a fine due to driving under the influence of alcohol on the grounds of sentencing for sentencing under Article 62-2 of the Criminal Act, and the actual occurrence of traffic accidents, it shall be selected by imprisonment, but human life damage shall be caused.

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