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(영문) 대구지방법원 서부지원 2013.09.26 2013고단979
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 19, 2008, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving without obtaining a license) or a violation of the Road Traffic Act (driving without obtaining a license) from the vice branch of the Daegu District Court on the following grounds: (a) on July 23, 2008, the Defendant was sentenced to a summary order of KRW 1 million for the same crime; and (b) on December 17, 2012, the Defendant was sentenced to a fine of KRW 5 million for the same crime in the same court.

On July 14, 2013, at around 13:42, the Defendant driven a C Commission 100cc occ occ under the influence of alcohol concentration of about 0.136% without obtaining a motorcycle driver’s license from the front side of the CY YY Gyeong-gun, Gyeongju-gun, the SPS ZV to the front side of the same YY 2km-si, the Sungju-si, the Sungdong-gu, the Sungdong-gun, the Defendant was under the influence of alcohol concentration of about 136%.

2. No automobile which is not covered by the mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant, as a holder of Oral Ba as stated in Paragraph 1, was driving the above Oral Ba, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual conditions, a master-employed driver's license report, the ledger of automatic driver's license, and mandatory insurance;

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

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (operation of Motor Vehicles which are not mandatory insurance);

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

1. Selection of imprisonment with prison labor chosen;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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