beta
(영문) 춘천지방법원 영월지원 2014.04.04 2013고단577

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around November 21, 2013, the Defendant: (a) was driving a B string truck under the influence of alcohol with a blood alcohol level of 0.205%, without obtaining a driver’s license, from the front side of the 300-meter section of the 300-meter road in the direction of the direction of the sloping-gun, Gangwon-gun, Gangwon-do, to the front side of the sloping-gun, Gangwon-do, the Defendant driven a B string truck under the influence of alcohol level of 0.205%, without obtaining a driving license.

2. The defendant in violation of the Guarantee of Automobile Accident Compensation Act shall not operate any motor vehicle on the road, which is a holder of a freight truck B, and has not bought mandatory insurance;

Nevertheless, at around 21:22 on November 1, 2013, the Defendant operated the said cargo vehicle, which was not covered by mandatory insurance at approximately 300 meters prior to the 300-meter front road of the Haak-gun of Gangwon-do, in the direction of the Haak-gun of Gangwon-gu.

Accordingly, the Defendant, as a motor vehicle owner, operated a motor vehicle which was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

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

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

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment imposed on the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act with more severe punishment);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the crime of violation of the Road Traffic Act with any more severe penalty (the crime of running sound driving)];