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(영문) 대구지방법원 2017.05.18 2016고단4729
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On June 23, 2008, the Defendant received a summary order of KRW 2 million as a fine for a crime of violating the Road Traffic Act (driving) at the Daegu District Court on the same day and KRW 3 million as a fine in the same court on January 2, 2014, respectively.

[Criminal facts]

1. On September 18, 2016, the Defendant driven CM7 vehicle under the influence of alcohol level of 0.105% while under the influence of alcohol level of 0.105% while under the influence of alcohol level of 0.105%, without obtaining a driver’s license, from the front side of the “sloping bridge” road located near the Gu Office in Daegu-gu, Daegu-ro, Daegu-ro, to the front side of the GS convenience store located in about 30:45 degrees from the front side of the 100-ro, Dong-ro, Daegu-ro.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a car without obtaining a driver's license in the influence of alcohol.

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

Nevertheless, the defendant, at the time and place specified in the above Paragraph 1, operated a car that is not covered by mandatory insurance, as described in the above Paragraph 1.

Accordingly, the defendant, as the owner of a motor vehicle, operated a motor vehicle not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

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

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

1. Selection of a fine for negligence;

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