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(영문) 대구지방법원 안동지원 2018.08.31 2018고단327
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On December 22, 2016, the Defendant was sentenced to a fine of KRW 8 million due to a violation of road traffic laws at the Daegu District Court, and on May 27, 2016, the Defendant was sentenced to a suspended sentence of three years for six months due to a violation of road traffic laws (driving) in the support of the Daegu District Court, the Daegu District Court was sentenced to a suspended sentence of three years on February 21, 2017, and was sentenced to a suspended sentence of two times or more due to a violation of road traffic laws (driving under drinking), including the period of the suspended sentence as of February 21, 2017.

[Criminal facts] On May 20, 2018, the Defendant driven a non-registered ACE110 Orba, which is not covered by mandatory insurance without a motor device’s license, in approximately 1.5km section from the front of the road in Ansan-si B to the front of the road in Ansan-si, A, Dongdong-si, to approximately 1.5km of alcohol during blood without a motor device.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Statement report on the circumstances of a driver driving a drinking, notification of the results of crackdown on the driving of drinking, inquiry into the results of crackdown on the driving of drinking, and automobile insurance;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Investigation report (Attachment to the A driver's license ledger);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (verification of past records, such as driving of the suspect A same kind of drinking);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Road Traffic Act, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (non-licensed driving) concerning the operation of motor vehicles;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving), and the punishment for a violation of the Road Traffic Act with heavier punishment);

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.

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