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(영문) 창원지방법원 2019.03.28 2018고단3551

자동차손해배상보장법위반등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2018, the Defendant, as a holder of 49C Oral Ba, was driving the above Oral Ba, which was not covered by mandatory insurance under the influence of alcohol content 0.078% while under the influence of alcohol content 0.078%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Inquiry into mandatory insurance;

1. Registers of driver's licenses;

1. Application of related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment provided for in the Road Traffic Act due to the crimes of violation of each Road Traffic Act and the heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there has been the history of punishment for the same kind of crime, but the time of and reflects on the crime, the fact that a motor bicycle is scrapped to stop driving again while scrapping a motorcycle, and other consideration such as the age, character and conduct, environment, health conditions, degree of drinking, circumstances leading to the crime, etc. of the defendant);