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(영문) 전주지방법원 2019.08.09 2018고단575

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 20:50 on March 13, 2018, the Defendant driving a motor vehicle with an E-observer vehicle owned by the Defendant without obtaining a driver’s license in the direction of approximately 0.149% of blood alcohol concentration from the road front of the cafeteria in Kim Jong-si, to the road front of the cafeteria in Kim Jong-si, at approximately 200 meters.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the observer car which was not covered by the automobile mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Registers of driver's licenses;

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

1. Relevant Act on criminal facts: Article 148-2 (2) 2, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); 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 Accident Compensation Act;

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

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant has been punished three times for a crime containing drinking driving, and in particular, from the time of the third punishment, he/she again drives without obtaining a license for drinking in this case within a short period from the time of the third punishment, the high drinking level, the recidivism committed despite the fact that he/she has been punished as a violation of the Guarantee of Automobile Accident Compensation Act, and the defendant has failed to comply with the trial for a considerable period.

However, the defendant.