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(영문) 대구지방법원 김천지원 2018.12.19 2018고단854
도로교통법위반(음주운전)등
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

Defendant

The sentence for B shall be suspended.

Reasons

Punishment of the crime

On August 9, 2013, the Defendant was sentenced to a summary order of KRW 5 million for a violation of road traffic law (drinking) at the Cheongju District Court on August 9, 2013. On November 25, 2016, the Defendant was sentenced to a suspended sentence of three years for imprisonment for the same crime.

On October 28, 2017, the Defendant driven a G K7 vehicle at a section of about 200 meters from D main points in the Gu, to F convenience points in E, while under the influence of alcohol 0.182%, without obtaining a driver’s license on around 23:43 on October 28, 2017.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, drives a motor vehicle without obtaining a driver’s license, in violation of Article 44(1) of the Road Traffic Act again.

"2018 Highest 1047"

1. Defendant A

A. On April 29, 2018, the Defendant was driving an IK7 vehicle without obtaining a driver’s license from the front of the H apartment house of the Hag-gun, Gyeongdong, Gyeong-gu, Gyeongdong, Gyeong-si to the front of the 645 half of the Jin-si, Jin-si, Jin-si, Jin-si, Seoul, to the front of the 645 half of the 19:5km road.

B. On April 29, 2018, the Defendant violated the Special Act on the Prevention of Insurance Fraud: (a) neglected his/her duty at the front time while driving the said K7 car on April 19, 2018; (b) neglected his/her duty at the front time; and (c) neglected his/her duty on the front time; and (d) received the part behind the vehicle in the front time of the vehicle for the use of the said K7 passenger.

After causing a traffic accident, the Defendant knew that the insurance will not apply to the insurance company if the Defendant did not pay the insurance premium due to the absence of the driver’s license for the motor vehicle, and, around April 30, 2018, the Defendant told B, by telephone, that “I would like to cause the receipt of the insurance accident as if he had done an accident while driving a dominatedly,” thereby allowing B to report the traffic accident and claim the payment of the insurance premium.

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