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(영문) 전주지방법원 남원지원 2015.09.11 2015고단116
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 31, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act (hereinafter “Act”) driving a Done Starex, which was not covered by mandatory insurance without a vehicle driver’s license, from the Do near the Jeon-gun, Seo-gu, Seo-gu, Seo-gu, Gwangju to the roads adjacent to the Round-gun, Seocheon-gu, Seo-gu, 110km.

2. On May 31, 2015, the Defendant: (a) driven a fluoring vehicle under the influence of alcohol with a blood alcohol concentration of 0.062% at the section of approximately 300 meters from the cafeteria in Seo-gu, Gwangju to the roads adjacent to the Hocheon-ro, Seo-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Report on the situation of operation without a license;

1. Mandatory insurance data;

1. Application of Acts and subordinate statutes to the investigation report (related to the period of compulsory examination);

1. Relevant provisions of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, and a violation of the Road Traffic Act, of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act, which is heavier than the quality of the crimes];

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., even though the defendant had already been punished for drinking or driving without a license, re-offending the crime.

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