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(영문) 대구지방법원 경주지원 2020.04.16 2020고단35
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 became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On April 15, 2019, the Defendant received a fine of KRW 3 million for a violation of the Road Traffic Act from the Daegu District Court racing support.

【Criminal Facts】

1. On November 28, 2019, at around 22:20, the Defendant violated the Road Traffic Act and the Road Traffic Act (unlicensed driving) and operated a FJD car with a blood alcohol content of about 3km from around 0.147%, without obtaining a driver’s license, even though the Defendant violated the prohibition of drunk driving, at around 22:20 on November 28, 2019.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of Faburt XD car.

Despite the fact that a motor vehicle not covered by mandatory insurance is not operated on the road, the defendant operated an Aburpt XD motor vehicle that is not covered by mandatory insurance at the date and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes to investigation reports (attached to a summary order of the same criminal record of a suspect);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

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

1. The sentencing of Article 62(1) of the Criminal Act is suspended.

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