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(영문) 청주지방법원 2018.01.18 2017고단1084
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

around 14:00 on May 10, 2017, the Defendant driven D1 ton cargo in the section of about 10km from the road located in the Cheongju-si, the Gu Office of Cheongju-si, the Gu Office of Home, to the roads located in the Cheongju-si, the Gu Office of Cheongju-si, the Gu Office of Home, the Gu office of Cheongju-si, the Gu office of 10km away from the 10km road in front of the Saemaeul safe.

On July 22, 2014, the Defendant was sentenced to a fine of KRW 5,500,000 to a fine of KRW 2,50,000 for a violation of road traffic law (drinking) at the Cheongju District Court on July 22, 2014, and a person who was sentenced to a fine of KRW 2,50,00 for the same offense in the same court on November 19, 2014.

Although the Defendant had had a drinking driving force twice or more as above, he driven a DPoter II truck owned by the Defendant, who was not covered by mandatory insurance from about 1km to around 78 of the same Eup/Myeon, in the state of being under the influence of alcohol content of 0.137% in blood without a driver’s license on November 11, 2017.

Summary of Evidence

"2017 Highest 1084"

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident occurrence report;

1. A survey report on actual conditions;

1. "Register of driver's licenses (32 pages of evidence), 2017 Senior 2573";

1. Statement by the defendant in court;

1. An explanatory note;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes to investigation reports (verification of suspect drinking skills);

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (hereafter referred to as "motor vehicle driving without a license"), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (hereafter referred to as "motor vehicle driving") concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (hereafter referred to as "motor vehicle driving without a mandatory insurance").

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (which shall be between the crimes of violation of each Road Traffic Act due to a driver's license without permission or driving under drinking on November 11, 2017).

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