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(영문) 대구지방법원 포항지원 2017.08.17 2017고단801
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On November 21, 2013, the Defendant was sentenced to 10 months of imprisonment for a violation of road traffic law at the port branch of the Daegu District Court, etc. On August 27, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for the same crime, etc. at the same court on July 10, 2016. On June 22, 2017, the Defendant was sentenced to four months of imprisonment for a violation of road traffic law (unlicensed driving) and the judgment became final and conclusive on June 30, 2017.

[Criminal facts]

1. On November 25, 2016, the Defendant driven a C cargo vehicle without obtaining a driver’s license for a vehicle while under the influence of alcohol with approximately 0.190% alcohol concentration from the 5km section to the spoking distance at the same spoke in both sides of the two long-term spokes located in the south-gu in the south-gu side of the port at port, on November 25, 2016.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the foregoing cargo vehicle without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous conviction in judgment: Application of a reply to inquiry, investigation report (the fact that the provision prohibiting drinking driving is violated not less than twice the regulations on prohibition of drinking driving), investigation report (the fact that the period of repeated crime is confirmed as the same kind of power), investigation report (the confirmation before the judgment of the same kind of case becomes final and conclusive

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed driving)

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