교통사고처리특례법위반등
A defendant shall be punished by imprisonment for a period of five months.
Punishment of the crime
On May 22, 2013, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law (refluence of drinking), in the Jeonju District Court’s Eup branch, and completed the execution of the sentence in the Jeonju prison on November 20, 2013.
1. On December 9, 2014, the Defendant was under the influence of alcohol by 0.070% in blood, without obtaining a driver’s license for a motor device at around 20:10 on December 20, 2014, the Defendant driven a 6km section of about 100cc in the direction of the same Eup/Myeon, from the front side of the separate fright-type bus in the south-Anncheon-gu, Young-gu, Nam-gu, Nam-gu, Seoul, to the roads adjacent to the same Eup/Myeon.
2. A person who violates the Guarantee of Automobile Compensation for Damages is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance, but the Defendant was driving the motor vehicle on the same date and time as that of paragraph 1, and at the same place as that of the foregoing non-registration without any mandatory insurance.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. The driver's license ledger;
1. Inquiry into mandatory insurance;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal identification and acceptance status Acts and subordinate statutes;
1. Article 148-2 subparag. 3, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 (Unlicensed Driving) of the Road Traffic Act concerning criminal facts; Article 46 subparag. 2, and the main sentence of Article 8 of the former Guarantee of Automobile Compensation Act (Amended by Act No. 12987, Jan. 6, 2015);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the Defendant was punished once by drinking, twice by refusing to measure drinking, and five times by driving without a license, and (b) his/her sentence is included two times.
In particular, this case.