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(영문) 대구지방법원 경주지원 2020.04.16 2020고단47
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 February 20, 2014, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court racing support.

【Criminal Facts】

1. Around December 23, 2019, the Defendant was driving C Corro-Ba Trac-Track-Track in the state of under the influence of alcohol 0.201% of the blood alcohol concentration at a section of approximately one meter prior to the front road of the Sim-si on December 9, 2019.

As a result, the defendant, who has been in violation of the Road Traffic Act prohibiting driving under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol in violation of the above prohibition provision.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of the above cargo vehicle.

No motor vehicle owner shall operate a motor vehicle with no mandatory insurance.

The Defendant operated the freight truck that was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Mandatory insurance policies;

1. Confirmation of drinking-driving power;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the choice of imprisonment for each sentence;

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. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the sentence was determined as ordered by comprehensively taking into account the following factors: (a) details of each of the instant offenses; (b) blood alcohol concentration; (c) period during which the Defendant was not insured by mandatory insurance; (d) criminal records; and (e) the Defendant’s age, character and conduct, environment

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