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(영문) 광주지방법원 2017.12.19 2017고단4703

자동차손해배상보장법위반등

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. On October 5, 2017, the Defendant driven BK3 cars while under the influence of alcohol with about 300 meters alcohol concentration at the section of approximately 0.145%, without obtaining a driver’s license, from the road front of the Red Sea Sheet, which was located in the lower part of the Young-gun, Young-gun, Young-gun, Young-gun, Nam-gun, Seoul, Seoul, around 23:32, 2017, while under the influence of alcohol with about 0.145% of alcohol concentration in blood.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of BK3 passenger cars.

No motor vehicle owner shall operate any motor vehicle that is not covered by mandatory insurance.

Nevertheless, the Defendant operated the said car without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile which is not mandatory insurance);

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

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable conditions: The Defendant had been already punished due to drinking or non-licensed driving, and the Defendant was sentenced by the Gwangju District Court of Gwangju on June 30, 2016 to imprisonment with prison labor for a violation of road traffic law (non-licensed driving) and the decision on July 8, 2016 became final and conclusive on July 8, 201, and the same court on May 12, 2016.