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(영문) 인천지방법원 부천지원 2012.09.07 2011고단706

도로교통법위반(음주운전) 등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 08:30 on March 14, 201, the Defendant driven B Maz car under the influence of alcohol concentration of 0.115% without a driver’s license, on the road in front of the Royala in the Kimpo-dong, Kimpo-si, Kimpo-si, the Defendant driven B Maz car without a driver’s license.

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

Although the defendant is prohibited from operating a motor vehicle which is not covered by mandatory insurance on the road, he/she is driving the motor vehicle without mandatory insurance at the same date and place as paragraph (1).

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C (Simplified traffic);

1. Report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to confirm insurance coverage;

1. Subparagraph 1 of Article 148-2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201); Article 152 Subparag. 1 and Article 43 of the Road Traffic Act; Article 46(2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, 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. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 (limited to the extent that the long-term punishment for the crime of the above two crimes is added) of the Criminal Code among concurrent crimes, even though the defendant had been under 6 times or more due to drunk driving or unlicensed driving, the defendant committed the crime of the above case. The defendant escaped without appearance despite being notified of the date of the trial of the above case by telephone, and other character and family environment of the defendant, and the motive, background, means, and result of the crime of the above case.